In the Interest of R. N. R. B., a Child (Mother)

Court of Appeals of Georgia

In the Interest of R. N. R. B., a Child (Mother)

DecidedSeptember 28, 2022

DocketA23D0054

StatusPublished

This text of In the Interest of R. N. R. B., a Child (Mother) (In the Interest of R. N. R. B., 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 R. N. R. B., a Child (Mother), (Ga. Ct. App. 2022).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 28, 2022

The Court of Appeals hereby passes the following order:

A23D0054. IN THE INTEREST OF R. N. R. B., A CHILD (MOTHER).

In this application for discretionary appeal, the mother of R. N. R. B. seeks review of the juvenile court’s order denying her motion to disqualify Anna Johnson from serving as the child’s Guardian ad Litem. We, however, lack jurisdiction. A trial court order on a motion to disqualify counsel is an interlocutory order. See Knoxville Medical Investors v. Nat’l Healthcorp L.P., 192 Ga. App. 460, 460 (1) (385 SE2d 110) (1989); Cherry v. Coast House, Ltd., 257 Ga. 403, 404 (2) (359 SE2d 904) (1987). Thus, the mother was required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) — including obtaining a certificate of immediate review — to challenge the juvenile court’s order. See Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). And where both discretionary and interlocutory procedures may apply, an applicant must follow the interlocutory appeal procedures and obtain a timely certificate of immediate review from the trial court before filing an application. See Scruggs, 261 Ga. at 588-589 (1). The mother’s failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/28/2022 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 28, 2022

The Court of Appeals hereby passes the following order:

A23D0054. IN THE INTEREST OF R. N. R. B., A CHILD (MOTHER).

In this application for discretionary appeal, the mother of R. N. R. B. seeks review of the juvenile court’s order denying her motion to disqualify Anna Johnson from serving as the child’s Guardian ad Litem. We, however, lack jurisdiction. A trial court order on a motion to disqualify counsel is an interlocutory order. See Knoxville Medical Investors v. Nat’l Healthcorp L.P., 192 Ga. App. 460, 460 (1) (385 SE2d 110) (1989); Cherry v. Coast House, Ltd., 257 Ga. 403, 404 (2) (359 SE2d 904) (1987). Thus, the mother was required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) — including obtaining a certificate of immediate review — to challenge the juvenile court’s order. See Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). And where both discretionary and interlocutory procedures may apply, an applicant must follow the interlocutory appeal procedures and obtain a timely certificate of immediate review from the trial court before filing an application. See Scruggs, 261 Ga. at 588-589 (1). The mother’s failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/28/2022 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 R. N. R. B., a Child (Mother), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-r-n-r-b-a-child-mother-gactapp-2022.

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