Court of Appeals

of the State of Georgia

ATLANTA, !dte!

The Court of Appeals hereby passes the following order:

MD-12-03. JONES v. DIXON.

On September 26, 2011, this Court granted Kristina Jones's emergency motion for supersedeas. LaReal Dixon subsequently filed a motion for reconsideration of that order.

Jones sought emergency relief under Court of Appeals Rule 40. As stated in subsection (a) of Rule 40, "[t]he notice of appeal as provided in OCGA § 5-6-34 (a) . . . shall serve as supersedeas upon payment of all costs in the trial court by the appellant." However, Court of Appeals Rule 40 (b) provides "[i]n 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. This power shall be exercised sparingly." Because Jones has not demonstrated that the relief she seeks is "necessary to preserve jurisdiction of an appeal or to prevent the contested issue from becoming moot," she is not entitled to emergency relief. Accordingly, upon consideration of the pleadings, we hereby GRANT the motion for reconsideration and vacate the September 26, 2011 order.

Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, !dte!

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.