In the INTEREST OF A. F. Et Al., Children.
343 Ga. App. 415
| Ga. Ct. App. | 2017Background
- Juvenile court terminated a mother's parental rights to her three children; she sought discretionary appellate review.
- After judgment, mother filed a motion for new trial alleging insufficient evidence and ineffective assistance of trial counsel and requested an evidentiary hearing.
- The juvenile court denied the motion for new trial without holding the requested hearing.
- The trial transcript in the record is incomplete because the hearing recording was inaudible at multiple points.
- Mother also argued the juvenile court failed to provide a fully transcribable record as required by statute.
- The Court of Appeals granted review, found procedural error in denying a hearing, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether movant is entitled to a hearing on a motion for new trial | Mother argued she expressly requested a hearing and was entitled to one (statutory and due process grounds) | Juvenile court denied the motion without a hearing (no waiver shown) | Court held movant is entitled to a hearing; denial requires remand for hearing and disposition before addressing merits |
| Whether lack of complete, audible transcript affects proceedings | Mother argued the recording was not fully transcribable and prevented review | Juvenile court record contains an incomplete transcript with inaudible portions | Court stressed juvenile court’s statutory duty to create an accurate, complete record and noted the transcript problem for consideration on remand |
Key Cases Cited
- Peyton v. Peyton, 236 Ga. 119 (right to hearing on motion for new trial; due process)
- Wright v. Barnes, 240 Ga. App. 684 (same)
- Dick v. State, 248 Ga. 898 (procedural due process principles)
- In the Interest of D. H., 290 Ga. App. 66 (importance of trial counsel testimony at post-judgment hearing in parental-rights context)
- Sidhu v. Ga. Macon Contractors & Equip., 263 Ga. App. 100 (movant entitled to hearing absent waiver)
- Triola v. Triola, 292 Ga. 808 (issues raised on new-trial motion must be addressed in trial court on remand)
- In the Interest of T. M. C., 206 Ga. App. 595 (juvenile court duty to ensure a complete record)