In the Interest Of: E. G. M., a Child

Court of Appeals of Georgia

In the Interest Of: E. G. M., a Child

821 S.E.2d 574

CourtCourt of Appeals of Georgia

DecidedNovember 20, 2018

DocketA16A1768; A16A2045

StatusPublished

This text of 821 S.E.2d 574 (In the Interest Of: E. G. M., a Child) 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: E. G. M., a Child, 821 S.E.2d 574 (Ga. Ct. App. 2018).

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Opinion

Brown, Judge.

In In the Interest of I. L. M. , 304 Ga. 114 , 816 S.E.2d 620 (2018), the Supreme Court of Georgia reversed Division 5 of our decision in the consolidated opinion of In the Interest of E. G. M. , 341 Ga. App. 33 , 59-61 (5), 798 S.E.2d 639 (2017), 1 in which we held that the juvenile court did not abuse its discretion in denying the parents' motion to dismiss the dependency petition. Accordingly, we vacate Division 5 of our earlier opinion, adopt the opinion of the Supreme Court as our own, and reverse the juvenile court's denial of the motion to dismiss without prejudice. In light of the foregoing, Divisions 4 and 6 of our previous opinion are now moot, and we vacate those divisions. Divisions 1 through 3 of our opinion, relating to A16A2045, were not affected by the Supreme Court's decision and thus remain in effect. See Shadix v. Carroll County , 274 Ga. 560 , 563-564 (1), 554 S.E.2d 465 (2001).

*575 Judgment affirmed in part and reversed in part.

Barnes, P. J., and Rickman, J., concur.

1

In its order, the Supreme Court granted certiorari as to A16A1768 and A16A2045. However, the Supreme Court specifically noted in its opinion that only A16A1768 was encompassed in the Court's granted writ of certiorari. In the Interest of I. L. M. , 304 Ga. at 114, n. 1 , 816 S.E.2d 620 .

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Brown, Judge.

In In the Interest of I. L. M. , 304 Ga. 114 , 816 S.E.2d 620 (2018), the Supreme Court of Georgia reversed Division 5 of our decision in the consolidated opinion of In the Interest of E. G. M. , 341 Ga. App. 33 , 59-61 (5), 798 S.E.2d 639 (2017), 1 in which we held that the juvenile court did not abuse its discretion in denying the parents' motion to dismiss the dependency petition. Accordingly, we vacate Division 5 of our earlier opinion, adopt the opinion of the Supreme Court as our own, and reverse the juvenile court's denial of the motion to dismiss without prejudice. In light of the foregoing, Divisions 4 and 6 of our previous opinion are now moot, and we vacate those divisions. Divisions 1 through 3 of our opinion, relating to A16A2045, were not affected by the Supreme Court's decision and thus remain in effect. See Shadix v. Carroll County , 274 Ga. 560 , 563-564 (1), 554 S.E.2d 465 (2001).

*575 Judgment affirmed in part and reversed in part.

Barnes, P. J., and Rickman, J., concur.

1

In its order, the Supreme Court granted certiorari as to A16A1768 and A16A2045. However, the Supreme Court specifically noted in its opinion that only A16A1768 was encompassed in the Court's granted writ of certiorari. In the Interest of I. L. M. , 304 Ga. at 114, n. 1 , 816 S.E.2d 620 .

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821 S.E.2d 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-e-g-m-a-child-gactapp-2018.

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