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WORLEY et al. v. SOUTHERNAIRE CORPORATION.

NICHOLS, Justice.

This is a companion appeal involving the same litigation as Southernaire Corp. v. Worley, 230 Ga. 486. After summary judgment was granted the defendants, such judgment was stayed for a period of sixty days. After the notice of appeal had been filed, the plaintiffs sought and obtained from the trial court a supersedeas during appeal. The defendants appealed and the sole enumeration of error complains of the grant of supersedeas after the notice of appeal was filed. Held:

1. While in a civil action the trial court loses jurisdiction upon the filing of a notice of appeal ( Aetna Cas. c. Co. v. Bullington, 227 Ga. 485 (1) ( 181 S.E.2d 495)), yet in an injunction case the trial court is empowered to suspend or modify the injunction after a notice of appeal is filed ( Stephens v. Geise, 226 Ga. 639 ( 176 S.E.2d 923)), and the grant of the supersedeas in the present case shows no error.

Judgment affirmed. All the Justices concur.

NICHOLS, Justice.

ARGUED MARCH 12, 1973 — DECIDED APRIL 13, 1973.
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WORLEY v. SOUTHERNAIRE CORPORATION
(Apr 13, 1973)