Opinion
A23D0054
09-28-2022
IN THE INTEREST OF R. N. R. B., A CHILD (MOTHER).
The Court of Appeals hereby passes the following order:
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 LP., 1 92 Ga.App. 460, 460 (1) (385 S.E.2d 110) (1989); Cherry v. Coast House, Ltd., 257 Ga. 403, 404 (2) (359 S.E.2d 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 S.E.2d 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.