In re L. B. B.

Court of Appeals of Georgia

In re L. B. B.

291 S.E.2d 108, 162 Ga. App. 257, 1982 Ga. App. LEXIS 2133

CourtCourt of Appeals of Georgia

DecidedMay 4, 1982

Docket64006

StatusPublished

This text of 291 S.E.2d 108 (In re L. B. B.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re L. B. B., 291 S.E.2d 108, 162 Ga. App. 257, 1982 Ga. App. LEXIS 2133 (Ga. Ct. App. 1982).

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Opinion

Quillian, Chief Judge.

Appellants brought a petition for adoption of a minor child. After the requisite hearings an order was entered December 22, 1981 declaring the minor to be the adopted child of the appellants. Then, on December 30, 1981, within the same term of court the trial judge signed an order which recited: “The adoption order in the above styled case entered during the December, 1981 term of the Effingham County Superior Court is hereby rescinded until further order of this court.” From this order appeal was taken. Held:

As is clearly shown, the order below was not final but left the case still pending in the court below. See Mayson v. Malone, 122 Ga. App. 814, 815 (178 SE2d 806). Hence, it was necessary to follow the requirements of Code Ann. § 6-701 (a) (2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758; 1979, pp. 619, 620, eff. July 1, 1979), which appellants failed to do.

Appeal dismissed.

Shulman, P. J., and Carley, J., concur.

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Quillian, Chief Judge.

Appellants brought a petition for adoption of a minor child. After the requisite hearings an order was entered December 22, 1981 declaring the minor to be the adopted child of the appellants. Then, on December 30, 1981, within the same term of court the trial judge signed an order which recited: “The adoption order in the above styled case entered during the December, 1981 term of the Effingham County Superior Court is hereby rescinded until further order of this court.” From this order appeal was taken. Held:

As is clearly shown, the order below was not final but left the case still pending in the court below. See Mayson v. Malone, 122 Ga. App. 814, 815 (178 SE2d 806). Hence, it was necessary to follow the requirements of Code Ann. § 6-701 (a) (2) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758; 1979, pp. 619, 620, eff. July 1, 1979), which appellants failed to do.

Appeal dismissed.

Shulman, P. J., and Carley, J., concur.

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291 S.E.2d 108, 162 Ga. App. 257, 1982 Ga. App. LEXIS 2133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-l-b-b-gactapp-1982.

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