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Mays v. Southern Res. Consultants Inc.

There was no evidence upon which to base the superior court's grant of an interlocutory injunction in a suit for breach of contract, violation of the Georgia Trade Secrets Act of 1990 and unjust enrichment.

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This is an appeal from the superior court’s grant of an interlocutory injunction1 in this action for interlocutory and permanent injunctive relief, damages, attorney fees, and costs based upon claims of breach of contract, violation of the Georgia Trade Secrets Act of 1990,2 and unjust enrichment. The litigation involves a contract between a corporation providing residential services for developmentally-disabled individuals and one of its providers. For the reasons which follow, we reverse in part and vacate in part the interlocutory injunction, and remand.

Southern Resources Consultants, Inc. SRC is a Residential Service Provider RSP, contracting with the Georgia Department of Behavioral Health and Developmental Disabilities DBHDD and the Georgia Department of Community Health DCH to, inter alia, operate group homes and provide care and oversight for Medicaid-funded individuals with developmental disabilities. Linda Mays Mays contracted with SRC to be a Host Home Provider HHP for one such woman, S.F., from approximately 2006 until May 31, 2014. S.F. became dissatisfied with SRC, and requested that her case manager, who was the Guardianship Case Manager for the Division of Aging Services of Georgia’s Department of Human Services DHS, which was S.F.’s legal guardian, change S.F.’s RSP. At the time of the request, DBHDD policy prohibited a HHP from terminating its contract with a RSP, such as SRC, and then continuing to serve the individual who had been in the care of the HHP. Consequently, at S.F.’s behest and believing it to be in S.F.’s best interests, the case manager requested a waiver of such policy from DBHDD so that S.F. could remain in Mays’s host home despite the termination of Mays’s relationship with SRC. DBHDD granted the waiver.

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