From Casetext: Smarter Legal Research

In re D. H.

Court of Appeals of Georgia
Jul 19, 2024
No. A24A1822 (Ga. Ct. App. Jul. 19, 2024)

Opinion

A24A1822

07-19-2024

IN THE INTEREST OF D. H., et al., CHILDREN (MOTHER).


The Court of Appeals hereby passes the following order:

On May 13, 2024, the juvenile court entered an order finding Dylan H. and Dalton H. to be dependent within the meaning of OCGA § 15-11-2 (22) and placing the children in the custody of the Department of Family and Children Services. The mother filed a timely motion for new trial from this ruling; the father filed a motion to vacate or, in the alternative, amend the dependency order. On May 30, 2024, the trial court entered an amended dependency order. The mother filed a notice of appeal from this ruling. We, however, lack jurisdiction because the appeal is premature.

The father is not a party to this appeal. If he has filed an appeal, the case has not yet been transmitted to this Court.

Ordinarily, a juvenile court's dependency ruling deciding temporary custody may be appealed directly. See In the Interest of S. W., 363 Ga.App. 666, 668 (1) (872 S.E.2d 316) (2022). Here, however, the mother filed a motion for new trial from the dependency ruling, and there is nothing in the juvenile court's May 30 order suggesting that it disposed of that motion. Accordingly, the case remains pending below. See Griffin v. Loper, 209 Ga.App. 504, 504 (433 S.E.2d 653) (1993). Under these circumstances, we lack jurisdiction to consider this premature appeal, which is hereby DISMISSED. See id. ("A notice of appeal from the judgment, filed while a motion for new trial is pending, and unaccompanied by a proper certificate for immediate review, confers no jurisdiction in the appellate court and results in a dismissal of the appeal") (citation and punctuation omitted).


Summaries of

In re D. H.

Court of Appeals of Georgia
Jul 19, 2024
No. A24A1822 (Ga. Ct. App. Jul. 19, 2024)
Case details for

In re D. H.

Case Details

Full title:IN THE INTEREST OF D. H., et al., CHILDREN (MOTHER).

Court:Court of Appeals of Georgia

Date published: Jul 19, 2024

Citations

No. A24A1822 (Ga. Ct. App. Jul. 19, 2024)