In the Interest Of: O. Z., K. A., M. B., Children

Court of Appeals of Georgia

In the Interest Of: O. Z., K. A., M. B., Children

DecidedSeptember 9, 2016

DocketA16A2078

StatusPublished

This text of In the Interest Of: O. Z., K. A., M. B., Children (In the Interest Of: O. Z., K. A., M. B., Children) 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: O. Z., K. A., M. B., Children, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 01, 2016

The Court of Appeals hereby passes the following order:

A16A2078. IN THE INTEREST OF: O. Z., K. A., AND M. B., CHILDREN.

In this child dependency matter, foster parents Andy and Tracy Duncan filed a motion to intervene. The trial court denied the motion, and the Duncans filed this direct appeal. We, however, lack jurisdiction. The denial of a motion to intervene is not a final, directly appealable order. Davis v. Deutsche Bank Nat. Trust Co., 285 Ga. 22, 23 (673 SE2d 221) (2009); Morman v. Bd. of Regents of the Univ. System of GA, 198 Ga. App. 544, 544 (402 SE2d 320) (1991). Accordingly, the Duncans were required to follow the interlocutory application procedures set forth in OCGA § 5-6-34 (b), which include obtaining a certificate of immediate review from the trial court, to obtain appellate review at this time. See Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996). The Duncans’ failure to comply with the interlocutory appeal procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 09/01/2016 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,____________________ September 01, 2016

The Court of Appeals hereby passes the following order:

A16A2078. IN THE INTEREST OF: O. Z., K. A., AND M. B., CHILDREN.

In this child dependency matter, foster parents Andy and Tracy Duncan filed a motion to intervene. The trial court denied the motion, and the Duncans filed this direct appeal. We, however, lack jurisdiction. The denial of a motion to intervene is not a final, directly appealable order. Davis v. Deutsche Bank Nat. Trust Co., 285 Ga. 22, 23 (673 SE2d 221) (2009); Morman v. Bd. of Regents of the Univ. System of GA, 198 Ga. App. 544, 544 (402 SE2d 320) (1991). Accordingly, the Duncans were required to follow the interlocutory application procedures set forth in OCGA § 5-6-34 (b), which include obtaining a certificate of immediate review from the trial court, to obtain appellate review at this time. See Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996). The Duncans’ failure to comply with the interlocutory appeal procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 09/01/2016 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: O. Z., K. A., M. B., Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-o-z-k-a-m-b-children-gactapp-2016.

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