Sanchez v. Walker County Dept. of Family and Children Services
| Decision Date | 06 January 1976 |
| Docket Number | No. 30597,30597 |
| Citation | 221 S.E.2d 589,235 Ga. 817 |
| Parties | Dorena SANCHEZ. v. WALKER COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES. |
| Court | Georgia Supreme Court |
Frank M. Gleason, James A. Secord, Rossville, for appellant.
Joseph F. Dana, LaFayette, for appellee.
Certiorari was granted in this case to review the decision of the Court of Appeals in Sanchez v. Walker County Dept. of Family and Children Services, 135 Ga.App. 891, 219 S.E.2d 583 (1975) where it was held that in the absence of a certificate of immediate review the Court of Appeals did not have jurisdiction to rule upon an appeal from a juvenile court vesting temporary legal custody of a deprived child.
The Court of Appeals, in reaching the conclusion that no final adjudication of the case had been made, relied upon the language in the judgment of the juvenile court placing the child in the temporary legal custody of the Walker County Department of Family and Children Services. In support of such decision, the Court of Appeals cited the decision of this court in M.E.B. v. State of Georgia, 230 Ga. 154, 195 S.E.2d 891 (1973) and the decisions of that court in D.C.E. v. State of Georgia, 130 Ga.App. 724, 204 S.E.2d 481 (1974); and M.K.H. v. State of Georgia, 132 Ga.App. 143, 207 S.E.2d 645 (1974). In each of the cases relied upon there had been an adjudication of delinquency but no order of disposition as provided for by Code Ann. § 24A-2302. In G.W. v. State of Georgia, 233 Ga. 274, 210 S.E.2d 805 (1974), this court held that the final judgment to be entered in a juvenile court case by a juvenile court in Georgia is a final judgment and subject to review without a certificate authorizing immediate review. Chapter 24A-23 provides for the disposition of deprived, delinquent, and unruly children. Code Ann. § 24A-2701 places limitations of time on all orders of disposition and, the only order of disposition which would be absolutely final would be an order terminating parental rights. Under the decision of the Court of Appeals in this case there would be no final judgment in any juvenile court proceeding other than one under Chapter 24A-32 providing for termination of parental rights. The language in the order, following the statutory language placing 'temporary legal custody' of the child in the Walker County Department of Family and Children Services was a final order subject to appeal without a certificate of immediate review. Accordingly the judgment of the...
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Lops v. Lops
...prejudice. In Interest of M.T., 223 Ga.App. 615, 616, 478 S.E.2d 428, 429 (1996); see also Sanchez v. Walker County Dept. of Family and Children Servs., 235 Ga. 817, 818, 221 S.E.2d 589, 589 (1976). Accordingly, although the G.W. court did refer to equal protection concerns, G.W. and its pr......
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...may be appealed pursuant to local rules recognizing interlocutory appeals. See, e.g., Sanchez v. Walker County Department of Family & Children Services, 235 Ga. 817, 818, 221 S.E.2d 589 (1976); In re Marriage of Kitchen, 126 Ill.App.3d 192, 194-95, 81 Ill.Dec. 644, 467 N.E.2d 344 (1984). Li......
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...final order that could be directly appealed, see In the Interest of J. P., 267 Ga. 492, 480 S.E.2d 8 (1997) and Sanchez v. Walker County DFACS, 235 Ga. 817, 221 S.E.2d 589 (1976), appellants did not appeal the ruling. Nor did they file a motion for new trial, see In the Interest of T.A.W., ......
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...orders may be appealed pursuant to local rules recognizing interlocutory appeals. See, e.g., Sanchez v. Walker County Dept. of Family & Children Services, 235 Ga. 817, 818, 221 S.E.2d 589 (1976); In re Marriage of Kitchen, 126 Ill.App.3d 192, 194-95, 81 Ill.Dec. 644, 467 N.E.2d 344 (1984). ......