In the Interest of S. P.

Court of Appeals of Georgia

In the Interest of S. P.

DecidedApril 6, 2023

DocketA23I0167

StatusPublished

This text of In the Interest of S. P. (In the Interest of S. P.) 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.

Bluebook

In the Interest of S. P., (Ga. Ct. App. 2023).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 06, 2023

The Court of Appeals hereby passes the following order:

A23I0167. IN THE INTEREST OF S. P.

S. P. filed this timely application for interlocutory review, challenging the juvenile court’s grant of the State’s motion to transfer this delinquency case to superior court. However, a juvenile court order granting the State’s motion to transfer a case to superior court is directly appealable under OCGA § 15-11-564. In the Interest of K. S., 303 Ga. 542, 546 (814 SE2d 324) (2018). “This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal.” Spivey v. Hembree, 268 Ga. App. 485, 486, n. 1 (602 SE2d 246) (2004). Accordingly, this interlocutory application is hereby GRANTED. S. P. shall have ten days from the date of this order to file a notice of appeal in the juvenile court. If he has already filed a notice of appeal from the order at issue, he need not file a second notice. The clerk of the juvenile court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/06/2023 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,____________________ April 06, 2023

The Court of Appeals hereby passes the following order:

A23I0167. IN THE INTEREST OF S. P.

S. P. filed this timely application for interlocutory review, challenging the juvenile court’s grant of the State’s motion to transfer this delinquency case to superior court. However, a juvenile court order granting the State’s motion to transfer a case to superior court is directly appealable under OCGA § 15-11-564. In the Interest of K. S., 303 Ga. 542, 546 (814 SE2d 324) (2018). “This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal.” Spivey v. Hembree, 268 Ga. App. 485, 486, n. 1 (602 SE2d 246) (2004). Accordingly, this interlocutory application is hereby GRANTED. S. P. shall have ten days from the date of this order to file a notice of appeal in the juvenile court. If he has already filed a notice of appeal from the order at issue, he need not file a second notice. The clerk of the juvenile court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/06/2023 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 S. P., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-s-p-gactapp-2023.

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