In the Interest Of: O. Z., K. A., M. B., Children ( 2016 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    September 01, 2016
    The Court of Appeals hereby passes the following order:
    A16A2078. IN THE INTEREST OF: O. Z., K. A., AND M. B., CHILDREN.
    In this child dependency matter, foster parents Andy and Tracy Duncan filed
    a motion to intervene. The trial court denied the motion, and the Duncans filed this
    direct appeal. We, however, lack jurisdiction.
    The denial of a motion to intervene is not a final, directly appealable order.
    Davis v. Deutsche Bank Nat. Trust Co., 
    285 Ga. 22
    , 23 (673 SE2d 221) (2009);
    Morman v. Bd. of Regents of the Univ. System of GA, 
    198 Ga. App. 544
    , 544 (402
    SE2d 320) (1991).      Accordingly, the Duncans were required to follow the
    interlocutory application procedures set forth in OCGA § 5-6-34 (b), which include
    obtaining a certificate of immediate review from the trial court, to obtain appellate
    review at this time. See Bailey v. Bailey, 
    266 Ga. 832
    , 832-833 (471 SE2d 213)
    (1996). The Duncans’ failure to comply with the interlocutory appeal procedures
    deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    09/01/2016
    Clerk’s Office, Atlanta,____________________
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A16A2078

Filed Date: 9/9/2016

Precedential Status: Precedential

Modified Date: 9/9/2016