The Superior Court of Toombs County granted Stephen Brown Insurance Agency’s motion for an interlocutory injunction compelling certain payments from the defendants below, Cotton States Mutual Insurance, Cotton States Life Insurance, and Shield Insurance collectively, “Cotton States”, pending arbitration of the parties’ dispute about a contract. Along with a notice of appeal, Cotton States filed a motion to stay the injunction during the pendency of the appeal. The trial court entered another order that reconsidered and “affirmed” the order entering the injunction, which Cotton States “openly ignored” for at least seven months,1 and denied the motion for a stay. Cotton States appeals the first order in Case Number A07A1720 and the second order in Case Number A08A0960; we have consolidated these cases for decision. In both appeals, Cotton States contends that there is no evidence in the record that Stephen Brown Insurance Agency’s legal remedy is not adequate and that the trial court failed to properly balance the equities between the parties. For the reasons that follow, we affirm.2 “The trial court has broad discretion to decide whether to grant or deny a request for an interlocutory injunction, and the appellate courts will not disturb the trial court’s exercise of its discretion unless a manifest abuse of discretion is shown or there was no evidence on which to base the ruling.” Citations omitted. Chambers v. Peach County. 268 Ga. 672, 673 1 492 SE2d 191 1997. See also OCGA § 9-5-8 “the granting and continuing of injunctions shall always rest in the sound discretion of the judge, according to the circumstances of each case”.
The record shows the following undisputed facts. Stephen Brown Insurance Agency hereinafter “Brown” agreed to serve as an agent for Cotton States under a Multi-Line Exclusive Agent’s Contract. Under the contract, Brown agreed not to compete with Cotton States. In addition, Cotton States agreed to pay Brown commissions on policies Brown had generated that were renewed during the 48 months following the termination of the contract. For three months after Brown terminated the contract, Cotton States paid the post-termination payments and then stopped. Brown filed suit for breach of contract. Cotton States counterclaimed for breach of contract and moved to compel arbitration of the dispute.
