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

Court of Appeals of Georgia

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

DecidedOctober 4, 2016

DocketA17A0343

StatusPublished

This text of In the Interest Of: M. B., a Child (In the Interest Of: M. 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: M. B., a Child, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 04, 2016

The Court of Appeals hereby passes the following order:

A17A0343. IN THE INTEREST OF: M. B., A CHILD.

M. B. was charged in the superior court with armed robbery, aggravated assault with a deadly weapon, kidnapping, and possession of a firearm during the commission of a felony. At the time the charges were brought, M. B. was a minor. M. B. filed a motion to transfer to the juvenile court, which the superior court denied. Thereafter, M. B. filed his “notice of interlocutory appeal.” We, however, lack jurisdiction. M. B.’s appeal is premature as there is no final judgment and the case remains pending in the superior court. See OCGA § 5-6-34 (a) (1) (a judgment is final “where the case is no longer pending in the court below”). While M. B. asserts that he has a right to appellate review under OCGA § 15-11-564 (a), that statute only provides a right for appellate review of orders of juvenile courts transferring cases to superior courts, not orders of superior courts denying transfers to juvenile courts. See In the Interest of M. J., a child, 326 Ga. App. 574, 576 (757 SE2d 184) (2014). Therefore, the order from which M. B. seeks to appeal is interlocutory and not appealable without compliance with the interlocutory appeal procedure of OCGA § 5-6-34 (b), which includes obtaining a certificate of immediate review from the trial court, and filing an application for interlocutory appeal setting forth the need for review. See In the Interest of W. L., a child, 335 Ga. App. 561, 563 (2016). M. B.’s failure to follow the interlocutory appeal procedure deprives us of jurisdiction over this appeal, which is therefore DISMISSED. Court of Appeals of the State of Georgia 10/04/2016 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 04, 2016

The Court of Appeals hereby passes the following order:

A17A0343. IN THE INTEREST OF: M. B., A CHILD.

M. B. was charged in the superior court with armed robbery, aggravated assault with a deadly weapon, kidnapping, and possession of a firearm during the commission of a felony. At the time the charges were brought, M. B. was a minor. M. B. filed a motion to transfer to the juvenile court, which the superior court denied. Thereafter, M. B. filed his “notice of interlocutory appeal.” We, however, lack jurisdiction. M. B.’s appeal is premature as there is no final judgment and the case remains pending in the superior court. See OCGA § 5-6-34 (a) (1) (a judgment is final “where the case is no longer pending in the court below”). While M. B. asserts that he has a right to appellate review under OCGA § 15-11-564 (a), that statute only provides a right for appellate review of orders of juvenile courts transferring cases to superior courts, not orders of superior courts denying transfers to juvenile courts. See In the Interest of M. J., a child, 326 Ga. App. 574, 576 (757 SE2d 184) (2014). Therefore, the order from which M. B. seeks to appeal is interlocutory and not appealable without compliance with the interlocutory appeal procedure of OCGA § 5-6-34 (b), which includes obtaining a certificate of immediate review from the trial court, and filing an application for interlocutory appeal setting forth the need for review. See In the Interest of W. L., a child, 335 Ga. App. 561, 563 (2016). M. B.’s failure to follow the interlocutory appeal procedure deprives us of jurisdiction over this appeal, which is therefore DISMISSED. Court of Appeals of the State of Georgia 10/04/2016 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: M. B., a Child, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-m-b-a-child-gactapp-2016.

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