\In re S. G. & N. G.

Court of Appeals of Georgia

\In re S. G. & N. G.

334 S.E.2d 384, 175 Ga. App. 779, 1985 Ga. App. LEXIS 2184

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1985

Docket70661, 70662

StatusPublished

This text of 334 S.E.2d 384 (\In re S. G. & N. G.) 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.

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\In re S. G. & N. G., 334 S.E.2d 384, 175 Ga. App. 779, 1985 Ga. App. LEXIS 2184 (Ga. Ct. App. 1985).

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Opinion

McMurray, Presiding Judge.

The Fulton County Juvenile Court entered an order on July 6, 1984, in which it granted temporary custody of the children of appellant and cross-appellant to the Department of Family and Children Services. These appeals followed. Held:

1. In the main appeal, appellant contends that the evidence was insufficient to show the children were “deprived,” and that, therefore, the court erred in transferring custody of the children to the Department of Family and Children Services. Because appellant failed to follow the appeal procedures required in child custody cases, her appeal must be dismissed. In the Interest of J.E.P. III, 252 Ga. 520 (315 SE2d 416); Moon v. Habersham County Dept. of Family &c. Svcs., 162 Ga. App. 694 (293 SE2d 402).

2. Because this court has no jurisdiction of the main appeal, this court has no jurisdiction to entertain the cross-appeal. Ewing Holding Corp. v. Egan-Stanley Investments, 154 Ga. App. 493, 496 (2) (268 SE2d 733). Moreover, even if we view the cross-appeal as being a timely appeal, we would be compelled to dismiss it. The cross-appeal attacks rulings of the juvenile court which affect cross-appellant’s visitation rights. Cases concerning visitation rights are not directly appealable. Burnett v. Coleman, 170 Ga. App. 394 (317 SE2d 546).

Appeals dismissed.

Sognier, J., and Benham, J., concur. Banke, C. J., disqualified.

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McMurray, Presiding Judge.

The Fulton County Juvenile Court entered an order on July 6, 1984, in which it granted temporary custody of the children of appellant and cross-appellant to the Department of Family and Children Services. These appeals followed. Held:

1. In the main appeal, appellant contends that the evidence was insufficient to show the children were “deprived,” and that, therefore, the court erred in transferring custody of the children to the Department of Family and Children Services. Because appellant failed to follow the appeal procedures required in child custody cases, her appeal must be dismissed. In the Interest of J.E.P. III, 252 Ga. 520 (315 SE2d 416); Moon v. Habersham County Dept. of Family &c. Svcs., 162 Ga. App. 694 (293 SE2d 402).

2. Because this court has no jurisdiction of the main appeal, this court has no jurisdiction to entertain the cross-appeal. Ewing Holding Corp. v. Egan-Stanley Investments, 154 Ga. App. 493, 496 (2) (268 SE2d 733). Moreover, even if we view the cross-appeal as being a timely appeal, we would be compelled to dismiss it. The cross-appeal attacks rulings of the juvenile court which affect cross-appellant’s visitation rights. Cases concerning visitation rights are not directly appealable. Burnett v. Coleman, 170 Ga. App. 394 (317 SE2d 546).

Appeals dismissed.

Sognier, J., and Benham, J., concur. Banke, C. J., disqualified.

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334 S.E.2d 384, 175 Ga. App. 779, 1985 Ga. App. LEXIS 2184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-s-g-n-g-gactapp-1985.

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