Order In this civil action, the trial court entered an order on October 30, 2017, denying various parties' motions to strike several pleadings, for entry of default judgment, and for judgment on the pleadings. 1 In the October 30 order, the court also: (i) determined that defendants David Sundy and Tim Sundy had properly asserted a counterclaim against the plaintiff, but had not properly added several proposed third-party defendants; (ii) granted the Sundys' request to add several parties as...
Order Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion is hereby GRANTED.
Order In this habeas action alleging ineffective assistance of counsel, the trial court entered an order granting the Warden's motion to disqualify the petitioner's counsel and disallowing the amended petition for writ of habeas corpus. The petitioner then filed a direct appeal to this Court. However, the Supreme Court has appellate jurisdiction over all cases involving habeas corpus. See Ga. Const. 1983, Art. VI, Sec. VI, Par. III (4). This appeal is therefore TRANSFERRED to the Supreme...
Barnes , Presiding Judge . On December 19, 2016, the DeKalb County Department of Family and Children Services ("DFCS") filed a dependency petition alleging that the infant child M.I. was dependent and needed to be taken into protective custody because of alleged abuse he suffered while in his parents' care. Following a preliminary protective hearing, the juvenile court found that there was not probable cause to believe the child was dependent. M.I., through his child advocate attorney and...
Barnes , Presiding Judge . Following the grant of her application for discretionary appeal, Linda Jean Quigg, former superintendent of the Thomas County School District ("School District"), appeals the superior court's order affirming the final decision of the Georgia Professional Standards Commission ("Commission") to suspend her educator's certificate for 60 days. Quigg argues that the Commission's initial investigation of her three alleged ethical violations was conducted in a...
Order Upon consideration of Waseem Daker's Motion for Extension of Time to File Application for Discretionary Appeal, the same is hereby GRANTED. Daker is granted an extension of time to file said application through Thursday, February 1, 2018.
Order Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Juvenile Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
Order Applicants' Motion for an Extension of Time to File Discretionary Application is hereby granted. Said application shall be filed on or before January 17, 2018.
Order Prisoner Shawn Davert Lockhart, Jr. filed a civil suit against the Georgia Department of Corrections and Ware State Prison. On October 19, 2017, the trial court granted the defendants' motion to dismiss. On November 21, 2017, Lockhart filed this application for discretionary review. 1 We, however, lack jurisdiction. An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. OCGA 5-6-35 (d). The requirements of OCGA 5-6-35...
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order Eric Ulysses Jackson filed this application on November 14, 2017 seeking to appeal a sentence modification order purportedly entered on October 16, 2017. Jackson's application, however, included an August 30, 2017 order denying a motion to credit time served but not the order which he seeks to appeal. This Court ordered Jackson to file a stamp "filed" copy of the sentence modification order within 10 days of November 28, 2017 (December 8, 2017) and provided that failure to comply with...
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
Order Marvin Turner seeks appellate review of the trial court's order dismissing his petition for writ of mandamus. 1 We, however, lack jurisdiction. Because Turner is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA 42-12-1 et seq. Under OCGA 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." And under OCGA 5-6-35 (b), the party wishing to appeal must file an application for discretionary...
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Juvenile Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
Order Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of this order. The Clerk of Juvenile Court is directed to include a copy of this order in the record transmitted to the Court of Appeals.
