In the Interest Of: H. B., a Child

Court of Appeals of Georgia

In the Interest Of: H. B., a Child

DecidedOctober 29, 2015

DocketA16A0331

StatusPublished

This text of In the Interest Of: H. B., a Child (In the Interest Of: H. B., 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: H. B., a Child, (Ga. Ct. App. 2015).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 29, 2015

The Court of Appeals hereby passes the following order:

A16A0331. IN THE INTEREST OF H. B., a child.

The Jeff Davis County Juvenile Court adjudicated H. B. delinquent but postponed final disposition. H. B. filed this appeal from the adjudication. OCGA § 15-11-35 authorizes direct appeals from “final judgments of the juvenile court.” An adjudication order alone, however, is not a final judgment that is directly appealable. See In the Interest of G. C. S., 186 Ga. App. 291, 292 (367 SE2d 103) (1988). Because this case remains pending before the juvenile court, H. B. was required to use the interlocutory appeal procedures—including obtaining a certificate of immediate review from the trial court—to appeal the adjudication of delinquency. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435 (383 SE2d 906) (1989). His failure to do so deprives us of jurisdiction over this appeal. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 10/29/2015 Clerk’s Office, Atlanta,____________________ 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,____________________ October 29, 2015

The Court of Appeals hereby passes the following order:

A16A0331. IN THE INTEREST OF H. B., a child.

The Jeff Davis County Juvenile Court adjudicated H. B. delinquent but postponed final disposition. H. B. filed this appeal from the adjudication. OCGA § 15-11-35 authorizes direct appeals from “final judgments of the juvenile court.” An adjudication order alone, however, is not a final judgment that is directly appealable. See In the Interest of G. C. S., 186 Ga. App. 291, 292 (367 SE2d 103) (1988). Because this case remains pending before the juvenile court, H. B. was required to use the interlocutory appeal procedures—including obtaining a certificate of immediate review from the trial court—to appeal the adjudication of delinquency. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435 (383 SE2d 906) (1989). His failure to do so deprives us of jurisdiction over this appeal. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 10/29/2015 Clerk’s Office, Atlanta,____________________ 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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In the Interest Of: H. B., a Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-h-b-a-child-gactapp-2015.

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