In the Interest Of: J. J. C., a Child (Father) v. in the Interest Of: J. J. C., a Child (Mother)

Court of Appeals of Georgia

In the Interest Of: J. J. C., a Child (Father) v. in the Interest Of: J. J. C., a Child (Mother)

DecidedSeptember 26, 2012

DocketA12A2468

StatusPublished

This text of In the Interest Of: J. J. C., a Child (Father) v. in the Interest Of: J. J. C., a Child (Mother) (In the Interest Of: J. J. C., a Child (Father) v. in the Interest Of: J. J. C., 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: J. J. C., a Child (Father) v. in the Interest Of: J. J. C., a Child (Mother), (Ga. Ct. App. 2012).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ September 26, 2012

The Court of Appeals hereby passes the following order:

A12A2468. IN THE INTEREST OF J. J. C., A CHILD (FATHER) v. IN THE INTEREST OF J. J. C., A CHILD (MOTHER)

This appeal stems from a deprivation proceeding in the juvenile court. The father filed a motion to dismiss, which the trial court denied. The father then filed this direct appeal. We lack jurisdiction. Where an order in a deprivation proceeding includes a decision as to temporary custody of the child, it is subject to direct appeal. See In the Interest of S. J., 270 Ga. App. 598 (1) (607 SE2d 225) (2004). The order at issue here, however, did not include any decision as to custody. Instead, it merely denied the father’s motion to dismiss the case. Therefore, it is an interlocutory ruling that may be appealed only by following the interlocutory appeal procedure of OCGA § 5-6-34 (b). See Davis v. Davis, 242 Ga. 322 (249 SE2d 90) (1978). Appellant’s failure to comply with the interlocutory appeal requirements deprives us of jurisdiction to review this appeal, which is hereby dismissed.

Court of Appeals of the State of Georgia 09/26/2012 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,__________________ September 26, 2012

The Court of Appeals hereby passes the following order:

A12A2468. IN THE INTEREST OF J. J. C., A CHILD (FATHER) v. IN THE INTEREST OF J. J. C., A CHILD (MOTHER)

This appeal stems from a deprivation proceeding in the juvenile court. The father filed a motion to dismiss, which the trial court denied. The father then filed this direct appeal. We lack jurisdiction. Where an order in a deprivation proceeding includes a decision as to temporary custody of the child, it is subject to direct appeal. See In the Interest of S. J., 270 Ga. App. 598 (1) (607 SE2d 225) (2004). The order at issue here, however, did not include any decision as to custody. Instead, it merely denied the father’s motion to dismiss the case. Therefore, it is an interlocutory ruling that may be appealed only by following the interlocutory appeal procedure of OCGA § 5-6-34 (b). See Davis v. Davis, 242 Ga. 322 (249 SE2d 90) (1978). Appellant’s failure to comply with the interlocutory appeal requirements deprives us of jurisdiction to review this appeal, which is hereby dismissed.

Court of Appeals of the State of Georgia 09/26/2012 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: J. J. C., a Child (Father) v. in the Interest Of: J. J. C., a Child (Mother), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-j-j-c-a-child-father-v-in-the-interest-of-j-j-gactapp-2012.

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