Narrative Opinion Summary
Julianna James, the biological mother of L. R. S. (also known as L. R. J.), filed an application for discretionary appeal regarding a trial court's final adoption order that granted adoption to the child's maternal grandparents and terminated her parental rights. James contests the adoption in her application. According to OCGA § 5-6-35 (a)(12), appeals from orders terminating parental rights require a discretionary appeal; however, orders that both terminate parental rights and grant adoption can be directly appealed if the appellant presents arguments challenging the adoption itself. Citing relevant case law, the Court of Appeals determined that James's application was timely and that the trial court's order was subject to direct appeal. As a result, the Court granted her application, allowing her 10 days from the date of the order to file a notice of appeal with the superior court, which is also instructed to include this order in the appellate record.
Legal Issues Addressed
Procedure for Filing Notice of Appealsubscribe to see similar legal issues
Application: The Court provided specific instructions regarding the time frame and procedural requirements for the notice of appeal to be filed with the superior court.
Reasoning: As a result, the Court granted her application, allowing her 10 days from the date of the order to file a notice of appeal with the superior court, which is also instructed to include this order in the appellate record.
Requirements for Discretionary Appealsubscribe to see similar legal issues
Application: The Court determined that the discretionary appeal was timely filed, allowing the appellant to challenge the trial court's order directly.
Reasoning: Citing relevant case law, the Court of Appeals determined that James's application was timely and that the trial court's order was subject to direct appeal.
Termination of Parental Rights and Adoption Orderssubscribe to see similar legal issues
Application: The case addresses the appealability of orders that both terminate parental rights and grant adoption, allowing for direct appeal if the adoption is contested.
Reasoning: According to OCGA § 5-6-35 (a)(12), appeals from orders terminating parental rights require a discretionary appeal; however, orders that both terminate parental rights and grant adoption can be directly appealed if the appellant presents arguments challenging the adoption itself.