Further Relief; Interlocutory Extraordinary Relief to Preserve Status Quo

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Declaratory Judgments
  5. Further Relief; Interlocutory Extraordinary Relief to Preserve Status Quo

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  1. Further plenary relief, legal or equitable, including but not limited to damages, injunction, mandamus, or quo warranto, may be sought in a petition seeking declaratory judgment, and in such case, the action shall be governed as to process, service, and procedure by Code Section 9-4-5. In all such cases, the court shall award to the petitioning party such relief as the pleadings and evidence may show him to be entitled; and the failure of the petition to state a cause of action for declaratory relief shall not affect the right of the party to any other relief, legal or equitable, to which he may be entitled.
  2. The court, in order to maintain the status quo pending the adjudication of the questions or to preserve equitable rights, may grant injunction and other interlocutory extraordinary relief in substantially the manner and under the same rules applicable in equity cases.

(Ga. L. 1945, p. 137, § 2; Ga. L. 1959, p. 236, § 2; Ga. L. 1982, p. 3, § 9.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 22A Am. Jur. 2d, Declaratory Judgments, §§ 96, 100.

C.J.S.

- 26 C.J.S., Declaratory Judgments, §§ 1 et seq., 159.

U.L.A.

- Uniform Declaratory Judgments Act (U.L.A.) § 8.

ALR.

- Declaration of rights or declaratory judgments, 12 A.L.R. 52; 19 A.L.R. 1124; 50 A.L.R. 42; 68 A.L.R. 110; 87 A.L.R. 1205; 114 A.L.R. 1361; 142 A.L.R. 8.

Decree or order which merely declares rights of parties without an express command or prohibition as basis of contempt proceeding, 29 A.L.R. 134.

Remedy or procedure to make effective rights established by declaratory judgment, 101 A.L.R. 689.

Joinder of causes of action and parties in suit under Declaratory Judgment Act, 110 A.L.R. 817.

May declaratory and coercive or executory relief be combined in action under Declaratory Judgment Act, 155 A.L.R. 501.


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