In the Interest Of: W.L., a Child
335 Ga. App. 561
| Ga. Ct. App. | 2016Background
- On March 25, 2015, W.L. admitted in juvenile court to theft by receiving stolen property, fleeing/attempting to elude, and reckless driving; adjudicated delinquent.
- Monroe County Juvenile Court found W.L. caused property damage and ordered $5,508.38 in restitution.
- The Monroe County court recognized W.L. was a Peach County resident and transferred the case to Peach County Juvenile Court for final disposition the same day.
- W.L. directly appealed the restitution order, arguing the juvenile court erred by not considering his inability to pay.
- The State moved to dismiss for lack of appellate jurisdiction because the transfer rendered the order nonfinal.
- The Court of Appeals concluded the transfer order was interlocutory and dismissed the appeal as premature; interlocutory appeal procedures under OCGA § 5-6-34(b) were required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a direct appeal lies from a juvenile court order that adjudicates delinquency, orders restitution, and transfers the case to another juvenile court | W.L.: restitution order is appealable; merits challenge to failure to consider inability to pay | State: transfer order makes the proceeding still pending below; no final appealable order | Transfer order is interlocutory; appeal dismissed as premature (must use interlocutory appeal procedure) |
Key Cases Cited
- Lops v. Lops, 140 F.3d 927 (11th Cir.) (explains "in the court below" language distinguishing trial court from appellate court)
- Wright v. Millines, 212 Ga. App. 453 (transfer between trial courts is not a final appealable judgment)
- Griffith v. Ga. Bd. of Dentistry, 175 Ga. App. 533 (transfer order not final because case still pending in the court below)
- Fulton County Dept. of Family & Children Svcs. v. Perkins, 244 Ga. 237 (Ga.) (transfer of custody matters is a continuation of the proceeding; not final)
- J. T. M. v. State, 142 Ga. App. 635 (order transferring juvenile criminal case to superior court is final when transfer changes nature of proceeding)