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Georgia Supreme Court Vacates Injunction Entered Against Law Firm

July 9, 2015

Shannon Sprinkle and Tyler Wetzel recently convinced the Georgia Supreme Court to vacate a trial court order permanently enjoining CCS’s law firm client from placing certain advertisements. The matter arose early last year after the law firm ran a newspaper advertisement soliciting clients for nursing home neglect cases.

The day after the advertisements ran, the nursing home obtained an ex parte temporary restraining order from the trial court and sought both preliminary and permanent injunctive relief aimed at curtailing the law firm’s advertising. At a hearing occurring only a few weeks later, the trial court entered a permanent injunction against the law firm.

On appeal, Shannon and Tyler argued the trial court committed numerous procedural errors in reaching its ruling and, after oral argument, the Georgia Supreme Court unanimously agreed. The Supreme Court held the trial court erred by consolidating the hearing on the preliminary injunction with the trial on the merits because it failed to provide the parties with sufficient notice of its intent to do so. The Supreme Court also ruled in favor of the law firm on a novel issue raised in a subsequent appeal of the same case and held the trial court erred by excluding certain documents from the appellate record. The case has been remanded to the trial court for further proceedings.

Please contact Shannon or Tyler if you have questions about actions for injunctive relief, legal advertising, or issues relating to the record on appeal.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.