In the Interest of J. K., a Child (Father)

Court of Appeals of the State of Georgia

ATLANTA,____________________

November 22, 2021 The Court of Appeals hereby passes the following order:

A22I0074. IN THE INTEREST OF J. K., A CHILD (FATHER).

In this dependency proceeding, following a hearing, the juvenile court denied the father’s motion to dismiss in an order entered on October 21, 2021. Thereafter, in an order entered on October 27, 2021, the court found the child to be dependent and awarded temporary legal custody to the Division of Family and Children Services. On October 28, the father filed this timely application for interlocutory appeal, seeking to appeal both the juvenile court’s order denying his motion to dismiss and the order finding the child to be dependent.1

The juvenile court’s order finding the child to be dependent is directly appealable. See In the Interest of A. T., 309 Ga. App. 822, 824, n. 3 (711 SE2d 382) (2011) (“An order within a [dependency] proceeding deciding temporary custody of the child is a ‘final order,’ within the meaning of OCGA § 5-6-34 (a) (1), from which a direct appeal lies.”); accord In the Interest of S. J., 270 Ga. App. 598, 608 (1) (a) (607 SE2d 225) (2004). Moreover, the father may raise the denial of his motion to dismiss as part of such a direct appeal. See OCGA § 5-6-34 (d).

“This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the [applicant has] not otherwise filed a notice of appeal.” Spivey v. Hembree, 268 Ga. App. 485, 486, n. 1 (602 SE2d 246) (2004). Accordingly, the father’s interlocutory application is hereby GRANTED. He shall have ten days from the date of this order to file a notice of appeal in the juvenile court if he has not already done so. The clerk of the juvenile court is DIRECTED to include a copy of this order in the appeal record transmitted to this Court.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

11/22/2021 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.