In the Interest Of: B. N., a Child (Mother)

Court of Appeals of Georgia

In the Interest Of: B. N., a Child (Mother)

DecidedFebruary 22, 2017

DocketA17D0283

StatusPublished

This text of In the Interest Of: B. N., a Child (Mother) (In the Interest Of: B. N., a Child (Mother)) 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 the Interest Of: B. N., a Child (Mother), (Ga. Ct. App. 2017).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 21, 2017

The Court of Appeals hereby passes the following order:

A17D0279. IN THE INTEREST OF: B. J. N., JR., A CHILD (FATHER). A17D0283. IN THE INTEREST OF: B. N., A CHILD (MOTHER).

After the juvenile court terminated the parental rights of the father and mother of minor child B. J. N., Jr., the parents filed a motion to modify or vacate the termination order under OCGA § 15-11-32. The juvenile court dismissed the parents’ motion on January 11, 2017. On January 30, 2017, the father filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0279. Four days later, the mother also filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0283. A juvenile court’s order denying an OCGA § 15-11-32 motion to modify or vacate an order terminating one’s parental rights is directly appealable under OCGA §§ 5-6-34 (a) (1) and 15-11-35. See In the Interest of A. M., 324 Ga. App. 512, 512 (1) (751 SE2d 144) (2013) (addressing OCGA § 15-11-40 (2013), the predecessor to current § 15-11-32, and OCGA § 15-11-3 (2013), the predecessor to current § 15-11-35). Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. Accordingly, the applications in Case Nos. A17D0279 and A17D0283 are hereby GRANTED. The father and mother shall have ten days from the date of this order to file notices of appeal with the juvenile court, if they have not already done so. The clerk of the juvenile court is DIRECTED to include copies of this order in the records transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/21/2017 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ February 21, 2017

The Court of Appeals hereby passes the following order:

A17D0279. IN THE INTEREST OF: B. J. N., JR., A CHILD (FATHER). A17D0283. IN THE INTEREST OF: B. N., A CHILD (MOTHER).

After the juvenile court terminated the parental rights of the father and mother of minor child B. J. N., Jr., the parents filed a motion to modify or vacate the termination order under OCGA § 15-11-32. The juvenile court dismissed the parents’ motion on January 11, 2017. On January 30, 2017, the father filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0279. Four days later, the mother also filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0283. A juvenile court’s order denying an OCGA § 15-11-32 motion to modify or vacate an order terminating one’s parental rights is directly appealable under OCGA §§ 5-6-34 (a) (1) and 15-11-35. See In the Interest of A. M., 324 Ga. App. 512, 512 (1) (751 SE2d 144) (2013) (addressing OCGA § 15-11-40 (2013), the predecessor to current § 15-11-32, and OCGA § 15-11-3 (2013), the predecessor to current § 15-11-35). Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. Accordingly, the applications in Case Nos. A17D0279 and A17D0283 are hereby GRANTED. The father and mother shall have ten days from the date of this order to file notices of appeal with the juvenile court, if they have not already done so. The clerk of the juvenile court is DIRECTED to include copies of this order in the records transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/21/2017 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.

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