TAYLOR INVESTMENT PARTNERS, II, LLC v. MOE’S FRANCHISOR LLC

Court of Appeals of the State of Georgia ATLANTA,____________________ January 11, 2017 The Court of Appeals hereby passes the following order: A17E0027. TAYLOR INVESTMENT PARTNERS, II, LLC et al. v. MOE’S FRANCHISOR LLC. Taylor Investment Partners, II, LLC, et al. have filed an Emergency Motion to Stay Enforcement of Temporary Restraining Order, and subsequently filed an application for discretionary appeal that has been docketed as Case Number A17D0243. The trial court’s order at issue, filed yesterday, directs the two restaurants involved to “immediately cease, desist and shut down operations” and “immediately de-identify the Restaurants from the Moe’s trademarks and trade names in any manner whatsoever,” among other things. The order also provides that it shall remain in effect for 30 days, unless the trial court orders otherwise. “In the exercise of its inherent power, this Court may issue such orders or give such direction to the trial court as may be necessary to preserve jurisdiction of an appeal or to prevent the contested issue from becoming moot.” Court of Appeals Rule 40 (b). After considering the motion to stay, the order, and the exhibits presented, the motion to stay is hereby GRANTED. The superior court’s order of January 10, 2017 is stayed until this court considers Taylor Investment Partners’ application for discretionary appeal or until further order of this court. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/11/2017 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.