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IN THE INTEREST OF B.J.N., A17D0279 (2017)

Court: Court of Appeals of Georgia Number: ingaco20170221284 Visitors: 13
Filed: Feb. 21, 2017
Latest Update: Feb. 21, 2017
Summary: Order After the juvenile court terminated the parental rights of the father and mother of minor child B. J. N., Jr., the parents filed a motion to modify or vacate the termination order under OCGA 15-11-32. The juvenile court dismissed the parents' motion on January 11, 2017. On January 30, 2017, the father filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0279. Four days later, the mother also filed an application for discretionary appeal,
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Order

After the juvenile court terminated the parental rights of the father and mother of minor child B. J. N., Jr., the parents filed a motion to modify or vacate the termination order under OCGA § 15-11-32. The juvenile court dismissed the parents' motion on January 11, 2017. On January 30, 2017, the father filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0279. Four days later, the mother also filed an application for discretionary appeal, which has been docketed in this Court as Case No. A17D0283. A juvenile court's order denying an OCGA § 15-11-32 motion to modify or vacate an order terminating one's parental rights is directly appealable under OCGA §§ 5-6-34 (a) (1) and 15-11-35. See In the Interest of A. M., 324 Ga.App. 512, 512 (1) (751 S.E.2d 144) (2013) (addressing OCGA § 15-11-40 (2013), the predecessor to current § 15-11-32, and OCGA § 15-11-3 (2013), the predecessor to current § 15-11-35).

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court's order is subject to direct appeal. Accordingly, the applications in Case Nos. A17D0279 and A17D0283 are hereby GRANTED. The father and mother shall have ten days from the date of this order to file notices of appeal with the juvenile court, if they have not already done so. The clerk of the juvenile court is DIRECTED to include copies of this order in the records transmitted to the Court of Appeals.

Source:  Leagle

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