T.A.W., In Interest of
| Decision Date | 06 March 1995 |
| Docket Number | No. S94A1650,S94A1650 |
| Citation | 454 S.E.2d 134,265 Ga. 106 |
| Parties | In the Interest of T.A.W., a child. |
| Court | Georgia Supreme Court |
Suzan G. Littlefield, Jennifer McLeod, Edwards & McLeod, Douglasville, for appellant.
Barry Wood, Douglasville, for appellee.
The issue in this case is whether juvenile courts have the authority to grant new trials. We hold that they do, and reverse.
In denying the child's, T.A.W.'s, motion for new trial, the juvenile court, while expressing its belief that the state constitution and statutes authorize the grant of a new trial by the juvenile court, held that it was constrained by the Court of Appeals' decisions to the contrary, iN interest oF M.A.L., 202 gA.app. 768, 415 S.E.2d 649 (1992) and iN interest of J.O., 191 Ga.App. 521, 382 S.E.2d 214 (1989). The Court of Appeals transferred the appeal to this court on the ground that it involved the construction of a constitutional provision, Art. VI, Sec. I, Par. IV of the Georgia Constitution of 1983. In Interest of T.A.W., 214 Ga.App. 1, 447 S.E.2d 136 (1994).
Art. VI, Sec. I, Par. IV of the Georgia Constitution of 1983 provides, in pertinent part: "[e]ach superior court, state court, and other courts of record may grant new trials on legal grounds." (Emphasis supplied.) 1
Juvenile courts are courts of record. OCGA § 15-11-65(b). Accordingly, juvenile courts are authorized to grant new trials. 2 To the extent In Interest of M.A.L., supra and In Interest of J.O., supra conflict with this opinion, they are overruled.
For the foregoing reasons, the order of the juvenile court is reversed, and this case is remanded to the juvenile court for proceedings consistent with this opinion.
Judgment reversed and remanded.
All the Justices concur.
1 This language replaced that of the prior Constitution which provided only that "[t]he Superior, State, and City Courts may grant new trials on legal grounds." Ga. Const. 1976, Art. VI, Sec. IV, Par. VI. For some of the history behind this change, see In Interest of T.A.W., supra, 214 Ga.App. at 4-5, 447 S.E.2d 136.
2 Contrary to the argument of appellee, the prosecutor in this case, the omission of juvenile courts in subsection (a) of OCGA § 5-5-1 () from the list of courts specifically authorized to grant new trials, does not negate or otherwise affect the foregoing authority of juvenile courts to grant new trials.
To continue reading
Request your trial
-
In re IS
...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., 265 Ga. 106, 454 S.E.2d 134 (1995), or a motion pursuant to OCGA § 15-11-40 to modify or vacate the juvenile court's At a review hearing conducted May 2......
-
In re A.S., A08A1004.
...as to standard of proof"). 12. 191 Ga.App. 521, 522-523(2), 382 S.E.2d 214 (1989), overruled on other grounds, In the Interest of T.A.W., 265 Ga. 106, 454 S.E.2d 134 (1995). 13. 252 Ga.App. 235, 555 S.E.2d 887 (2001). 14. (Punctuation omitted.) Id. at 235(1), 555 S.E.2d 887. 15. 203 Ga.App.......
-
In re Interest of A. G.
...In the Interest of J. O. , 191 Ga. App. 521, 522-523 (2), 382 S.E.2d 214 (1989), overruled on other grounds, In the Interest of T. A. W. , 265 Ga. 106, 107, 454 S.E.2d 134 (1995) (finding no reversal necessary where trial court orally stated incorrect standard of proof at trial but entered ......
-
In re KRC, A98A1412.
...See In the Interest of J.O., 191 Ga.App. 521, 522(1), 382 S.E.2d 214 (1989), overruled on other grounds, In the Interest of T.A.W., 265 Ga. 106, 107, 454 S.E.2d 134 (1995). Given that the nature of these proceedings is the protection of the children whose well-being is threatened, the juven......
-
"garbage In, Garbage Out": the Litigation Implosion Over the Unconstitutional Organization and Jurisdiction of the City Court of Atlanta - Edward C. Brewer Iii
...after transfer, 260 Ga. 240, 391 S.E.2d 391 (1990); see also In re T.A.W., 214 Ga. App. 1, 447 S.E.2d 136 (1994), opinion after transfer, 265 Ga. 106, 454 S.E.2d 134 (1995). With due regard for the court's ability to dismiss an appeal filed in the wrong court, an appeal pending in the Georg......
-
The Renewed Significance of Title in Dividing Marital Assets
...377 S.E.2d at 669-70. [86]"> [86]">[87]"> See Coe, 285 Ga. at 865, 684 S.E.2d at 600. [87]"> [87]">[88]"> See Janelle 265 Ga. at 117, 454 S.E.2d at 134 (stating that the jury should instructed on the "source of funds" rule to determine the extent to which the final marital residence constit......