MKH v. State of Ga., 207 S.E.2d 645 (Ga. Ct. App. 1974). · Go Syfert
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MKH v. State of Ga., 207 S.E.2d 645 (Ga. Ct. App. 1974). Cases Citing This Book View Copy Cite
46 citation events (8 in the last 25 years) across 3 distinct courts.
Strongest positive: In THE INTEREST OF D. H., a Child (gactapp, 2015-05-05)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) In THE INTEREST OF D. H., a Child
Ga. Ct. App. · 2015 · confidence medium
H. v. State, 132 Ga. App. 143, 144 ( 207 SE2d 645 ) (1974) (Entry of a finding of delinquency together with an order of disposition in juvenile court is a final order for purposes of appeal, from which a direct appeal lies.).
cited Cited as authority (rule) In the Interest of N. M.
Ga. Ct. App. · 2012 · confidence medium
H. v. State, 132 Ga. App. 143, 144 ( 207 SE2d 645 ) (1974).
cited Cited as authority (rule) In the Interest of B. S. H.
Ga. Ct. App. · 1999 · confidence medium
H. v. State of Ga., 132 Ga. App. 143, 144 ( 207 SE2d 645 ) (1974).
discussed Cited as authority (rule) In the Interest of G. C. S. (2×)
Ga. Ct. App. · 1988 · confidence medium
H. v. State of Ga., 132 Ga. App. 143, 144 ( 207 SE2d 645 ) (1974).
discussed Cited "see, e.g." In the Interest of Cll
N.D. · 1993 · signal: compare · confidence low
Compare G.C.S., 367 S.E.2d at 103 , and M.K.H., 207 S.E.2d at 645 , with In re G.G., 177 Ga.App. 639 , 341 S.E.2d 13 (1986) (appellate court had jurisdiction over the appeal because it came after both the adjudication of delinquency, and the disposition).
discussed Cited "see, e.g." Gaddis v. C.L.L.
N.D. · 1993 · signal: compare · confidence low
Compare G.C.S., 367 S.E.2d at 103 , and M.K.H., 207 S.E.2d at 645 , with In re G.G., 177 Ga.App. 639 , 341 S.E.2d 13 (1986) (appellate court had jurisdiction over the appeal because it came after both the adjudication of delinquency, and the disposition).
Retrieving the full opinion text from the archive…
M. K. H.
v.
STATE OF GEORGIA.
49384.
Court of Appeals of Georgia.
Jun 17, 1974.
207 S.E.2d 645
Stolz.
Published

Driebe & McAllister, J. Dunham McAllister, for appellant.

William H. Ison, District Attorney, J. W. Bradley, for appellee.

STOLZ, Judge.

The Juvenile Court Code of Georgia provides for appeals "[i]n all cases of final judgments of a juvenile court judge." (Emphasis supplied.) Code Ann. § 24A-3801 (Ga. L. 1971, pp. 709, 755). We find no definition of "final judgments" in this code, however § 24A-2201 (b) (Ga. L. 1971, pp. 709, 732) provides in part: "If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and to make and file its findings thereon ... If the court finds that the[*144] child is not in need of treatment, rehabilitation, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered." (Emphasis supplied.) Thus, until there has been a dispositional order following a dispositional hearing, it cannot be determined whether the proceeding will be dismissed and the child discharged, or whether the child will be detained for some type of disposition. If the former occurs, the appeal would be moot anyway, since the order of adjudication is not a conviction of crime resulting in any civil disqualification, which would need to be expunged from the child's record, and only the order of disposition can be used against him, and then only in juvenile court proceedings. Code Ann. § 24A-2401 (Ga. L. 1971, pp. 709, 736). If the latter occurs, the appeal can be taken at that time. It therefore appears that an adjudication order alone is not a final, appealable judgment under the provisions of the Juvenile Court Code, nor is it made one by the provisions of Code Ann. § 6-701 (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073). D. C. E. v. State of Ga., 130 Ga. App. 724 (204 SE2d 481) and cits.

Accordingly, the appeal in this case from the adjudication order (no dispositional hearing and order having been made at the time of the filing of the notice of appeal) was not from a final judgment and, there being no certificate for immediate review, it must be dismissed. Code Ann. § 6-809 (b 2) (Ga. L. 1965, pp. 18, 29, as amended).

Appeal dismissed. Eberhardt, P. J., and Deen, J., concur.