Application by Director for Injunctive Relief Authorized; Judgment

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  5. Application by Director for Injunctive Relief Authorized; Judgment

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  1. Whenever, in the judgment of the director, any person has engaged in, is currently engaged in, or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, he may make application to the superior court of the county in which the unlawful act or practice has been or is about to be engaged in for an order enjoining such act or practice or for an order requiring compliance with this chapter; and, upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law.
  2. The director may file in the superior court of the county wherein the person under order resided, or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred, a certified copy of a final order issued pursuant to subsection (d) of Code Section 43-51-14 and unappealed from or a final order issued pursuant to subsection (d) of Code Section 43-51-14 affirmed upon appeal; whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment has been rendered in an action duly heard and determined by the court.

(Ga. L. 1980, p. 304, §§ 14, 15; Ga. L. 1994, p. 97, § 43.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 46 Am. Jur. 2d, Judgments, §§ 57, 59.

C.J.S.

- 43A C.J.S., Injunctions, § 308. 49 C.J.S., Judgments, §§ 77, 78.


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