HAMPTON ISLAND FOUNDERS v. LIBERTY CAPITAL

No. S07A1567.

658 S.E.2d 619 (2008)

HAMPTON ISLAND FOUNDERS et al. v. LIBERTY CAPITAL et al.

Supreme Court of Georgia.

March 10, 2008.


Attorney(s) appearing for the Case

Baker, Donelson, Bearman, Caldwell & Berkowitz, Robert G. Brazier, Steven Gordon Hall, Gambrell & Stolz, Kevin Arthur Stine, Seaton D. Purdom, Atlanta, for appellant.

Tivoli Communities, Inc., Ronald S. Leventhal, Greenberg Traurig, LLP, Jeffrey M. Smith, Corporate Holdings, Mark A. Johnson, McLain & Merritt, P.C., Robert B. Hill, Atlanta, Chapar & Associates, Albert Abraham Chapar, Jr., Conyers, The Barnes Law Group, Roy E. Barnes, John Frank Salter, Jr., Brock, Clay, Calhoun & Rogers, P.C., CHarles C. Clay, Carlton Latain Kell, Cauthorn & Nohr, Thomas E. Cauthorn, III, Marietta, Oliver, Maner & Gray, Andrew McLean Wilkes, James L. Pannell, Christopher Lawrence Ray, Savannah, for appellee.

Casey Gilson, P.C., George P. Shingler, Atlanta, for amicus appellant.


THOMPSON, Justice.

The primary question for decision in this appeal is whether the trial court abused its discretion in granting a temporary injunction which prohibited plaintiff from engaging in "any act which would have the effect" of contesting the voting rights of investors in plaintiff's member entities, when those investors wanted to use their votes to gain control of plaintiff and dismiss this lawsuit. Under the facts of this case, we answer this question affirmatively...

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