X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On appeal from the trial court’s grant of an injunction ordering him to hand over control of plaintiff First One Group, LLC’s adult daycare center, defendant Jerry Kim, the former manager of the center, argues that the evidence does not support the judgment. We disagree and affirm. An interlocutory injunction is a device used to maintain the status quo of the parties pending final adjudication of the case. Lee v. Environmental Pest &c. Control , 271 Ga. 371, 373 516 SE2d 76 1999. The power to grant an injunction should not be exercised except in clear and urgent cases where there is a vital necessity to prevent a party from being damaged and left without a remedy. Kennedy v. W. M. Sheppard Lumber Co. , 261 Ga. 145, 146 401 SE2d 515 1991. Generally, a trial court’s discretion in granting or denying an injunction will not be disturbed on appeal as an abuse of discretion unless there was no evidence upon which to base the ruling or it was based on an erroneous interpretation of the law. Id. at 146; Ledbetter Bros., Inc. v. Floyd County , 237 Ga. 22, 23 226 SE2d 730 1976. Atlanta Area Broadcasting v. James Brown Enterprises , 263 Ga. App. 388, 392-393 587 SE2d 853 2003. So viewed, the record shows that in January 2010, Kim was the manager of First One’s adult day healthcare center in Norcross. The center’s operating agreement provided that the manager could be terminated “for any reason upon the agreement of all non-managing Members ,” or shareholders, “provided that each and every non-managing Member combined, ignoring the provisions of a Quorum as otherwise defined, consist of a two-third 2/3 majority of the voting shares of the Company.” Emphasis supplied.

During the week of January 11, the director of the center discovered that Kim’s wife had apparently forged the signatures of attendees for the purpose of increasing the center’s Medicaid billings. The director twice confronted Kim about these discrepancies, but was told that it was “none of her business.” The director then gave Kim two weeks’ notice of her resignation.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›