Rossi v. Price
| Decision Date | 29 September 1976 |
| Docket Number | No. 31435,31435 |
| Citation | 229 S.E.2d 429,237 Ga. 651 |
| Parties | Emilio ROSSI, Jr. v. Olin PRICE. |
| Court | Georgia Supreme Court |
Pleger & Duderwicz, E. Phil Duderwicz, Athens, for appellant.
Joseph J. Gaines, Athens, for appellee.
This appeal is from the denial of a mandamus absolute.
Emilio Rossi, Jr., a juvenile, entered a plea of guilty in the Juvenile Court of Clarke County to the commission of delinquent acts. He was committed to the custody of the Division of Children and Youth of the State Department of Human Resources, and placed in the Milledgeville Youth Development Center in Baldwin County.
Thereafter the juvenile's attorney filed a petition in the Juvenile Court of Clarke County to vacate this order, pursuant to Code Ann. § 24A-2801 (Ga.L.1971, pp. 709, 739), alleging that a fraud was perpetrated on the juvenile at the time of his guilty plea, and that there was newly discovered evidence showing that he was not guilty. The Juvenile Court Judge denied this petition on March 26, 1976, holding that the juvenile court had lost custody of the juvenile, and that, under Code Ann. § 24A-2801(b), his court did not have jurisdiction to consider the petition.
On April 14, 1976, the juvenile filed a petition for mandamus in Clarke Superior Court against the Juvenile Court Judge of Clarke County praying that the Juvenile Judge be required to hold a hearing on the petition to vacate the order committing the juvenile.
The Superior Court Judge entered an order stating that it was his opinion that Code Ann. § 24A-2801 vested in the Juvenile Court of Clarke County the jurisdiction to modify and vacate its orders on any of the grounds specified in subsection (a), whether the juvenile is detained in Clarke County or elsewhere, but that Clarke Superior Court had no jurisdiction to exercise appellate review of judgments rendered by the Juvenile Court of Clarke County. The mandamus absolute was denied.
We concur in the opinion and judgment of the Judge of the Clarke Superior Court. The Juvenile Court Judge was in error in holding that he could not set aside his judgment on one of the grounds in subsection (a) of Code Ann. § 24A-2801 where the custody of the juvenile has been transferred to the Division of Children and Youth. This limitation on the power to set aside applies only to the grounds stated in subsection (b). However, the order denying the petition to vacate the order committing the juvenile was a judicial order, subject to judicial review as provided by Code Ann. § 24A-3801 (Ga.L. 1971, pp. 709, 755). Where there is a right of judicial review of the...
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Ford Motor Co. v. Lawrence
...631 (1995) (mandamus not available to review judicial decision that judgment entered conformed to the jury verdict); Rossi v. Price, 237 Ga. 651, 652, 229 S.E.2d 429 (1976) (mandamus not available to review judicial decision denying petition to vacate order committing juvenile to custody); ......
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In re JN
...the best interest of the children was a final judgment directly appealable under OCGA §§ 5-6-34(a)(1) and 15-11-3. In Rossi v. Price, 237 Ga. 651, 229 S.E.2d 429 (1976), the Supreme Court considered the juvenile court's denial of a petition brought under OCGA § 15-11-40 (former Code Ann. § ......
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Department of Human Resources v. J. R. S., 63305
...shall be set aside if: ... it appears that it was obtained by fraud or mistake sufficient therefor in a civil action." See Rossi v. Price, 237 Ga. 651, 229 S.E.2d 429. Hence, the trial judge was authorized to set aside the former commitment order based on the grounds urged in the motion. Ho......
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Barber Fertilizer Co. v. Chason
...to require him to perform his judicial function in a manner different from the way he has performed it. [Cits.] Rossi v. Price, 237 Ga. 651, 652, 229 S.E.2d 429 (1976). Clearly, Barber had the right to appeal from the judgment entered by the Judge on the jury's verdict and urge that such ju......