Atlanta Area Broadcasting, Inc. AAB appeals from an order of the trial court which enjoined it from exercising indemnification rights to reduce its note payment obligations under an agreement by which it purchased a radio station from Darrell Spann. For the following reasons, we reverse. AAB purchased a radio station from Spann in 1998 pursuant to the terms of an asset purchase agreement the purchase agreement and began making monthly payments under the purchase agreement on a 40 year note for the benefit of Spann. The purchase was authorized by a July 1998 DeKalb County Superior Court order the 1998 court order entered in a suit against Spann brought by various plaintiffs claiming to be owners and creditors of the station who alleged damages and sought to enjoin the purchase. The 1998 court order denied the plaintiffs’ motion to enjoin the purchase, authorized the purchase pursuant to the terms of the purchase agreement with the exception of specific items set forth in the order, and, to preserve the purchase proceeds pending resolution of the plaintiffs’ claims, ordered that payments due on the note be paid into the registry of the trial court. Although the plaintiffs brought an interlocutory appeal from the 1998 court order authorizing the purchase, they did so without obtaining a supersedeas bond, so after the purchase occurred, the appeal was dismissed as moot. Brown v. Spann , 271 Ga. 495 520 SE2d 909 1999.
After the appeal was dismissed, the plaintiffs dismissed their suit and refiled their remaining claims for damages in a suit filed in April 2000 in Dekalb County Superior Court which is the subject of the present appeal. The April 2000 suit was brought by the same plaintiffs —James Brown Enterprises, Inc.,1 WMLD Radio Station, Inc., Reginald Simmons, Eugene Williams, Carl Gammage, and others —and again named Spann as a defendant and added as defendants, AAB, William Corey the owner of AAB, and Ron McCarter who worked closely with Spann to set up the purchase of the station. This suit again alleged that the plaintiffs had ownership or creditors’ interests in the station and sought damages because these interests were not recognized in the purchase.
