Grant of defendant’s motion to dismiss, REVERSED; when trial court considered matters outside pleadings, such as affidavits and testimony from underlying divorce proceedings, it converted motion to dismiss into motion for summary judgment and plaintiff was entitled to hearing following his timely request.

Fitzpatrick v. Harrison, A09A1409 (10/30/09)

From:  Fulton County Daily Report (11/30/2009)

Order of ajudication and grant of custody to paternal grandparents REVERSED AND VACATED  as juvenile court erred in granting service by publication on childen’s mother; paternal grandparents had available communication channels through which they could have notified mother of hearing, but failed to do so, and juvenile court also failed to place any burden on paternal grandparents to determine what notice they had given her; juvenile court lacked personal jurisdiction over mother based on its improper grant of service by publication and erred in failing to set aside its ajuduication order when mother’s physical location was known and no one attempted to personally serve her.

From:  Fulton County Daily Report (10/23/2009)

Taylor v. Padgett, A09A1384 (10/06/09), 09 FCDR 3247

Attorneys:  Shawn D. Bible, John S. Husser

Judges:  J Michael Giglio, Catoosa Juvenile Court; Miller, Andrews, Barnes, Georgia Court of Appeals

Grant of mother’s motion for trial court to decline to exercise its jurisdiction under UCCJEA with regard to father’s petition for change of custody of parties 14-year-old son based on child’s selection under OCGA 19-9-3(a)(5), VACATED; Fulton County Superior Court had exclusive, continuing jurisdiction over father’s petition, since it rendered prior child custody determination consistent with UCCJEA and father is Georgia resident with significant connection to state; superior court abused its discretion in declining jurisdiction, because it apparently did not comply with statutory requirement that it shall consider all eight factors set forth in OCGA 19-9-67(b); superior court did not err in considering revised provisions of 19-9-3(a)(5), effective January 1, 2008, since father filed his motion in August 2008; mother’s subsequent filing of contempt motion did not estop her from claiming that Fulton County Superior Court was inconvenient forum from custody proceeding.

From:  Fulton County Daily Report 09/25/2009)

Murillo v. Murillo, A09A1500 (09/10/09), 09 FCDR 2986

Attorneys:  Elizabeth J. Kuhn, Jesus A. Nerio

Judges:  Cynthia D. Wright, Fulton Superior Court;  Appellant Judges:  Andrews, Miller, Barnes

Order requiring plaintiff to pay attorneys’ fees to defendants for discovery violations and his failure to comply with trial court order compelling discovery, AFFIRMED; trial court had jurisdiction over matter pursuant to OCGA 9-15-14(e), even after plaintiff voluntarily dismissed his lawsuit, since that statute authorizes party to move for attorneys’ fees up to 45 days ‘ “after the final disposition of the action;”‘.  Plaintiff’s improper conduct during discovery here obligated defendants to seek trial court’s intervention and thn, even after trial court intervened, defendant disregarded order compelling his cooperation, causing the defendants needless expense; present circumstances do not thwart intended purpose of OCGA 9-11-41(a).

Hart v. Redmond Reg’l Med. Ctr.; A09A1277 (09/11/09).

From:  Fulton County Daily Report 9/25/09.

Lawyers:  Jeffrey W. Duncan, Kevin P. Race, Moses Kim.

Judges:  J. Bryant Durham, Floyd Superior Court; Appellant Judges:  Bernes, Smith, Phipps.

Mother appealed the denial of a  motion to dismiss her husband’s complaint for divorce and child custody, challenging the trial court’s jurisdiction under the UCCJEA.  The trial court was AFFIRMED finding the trial court had jurisdiction over custody matter under OCGA 19-9-61(3); though appellant filed for custody court in West Virginia one month prior to present action, West Virginia dismissed action on jurisdictional grounds, specifically finding that appellant still had Georgia diver’s license, was registered Georgia voter and had credit card bills, utility bills and student loans coming to her Georgia address.

From:  Fulton County Daily Report 9/18/2009

Cohen v. Cohen, Ao9A0843 (09/02/09)

Attorneys:  Dwight T. Feemster, James C. Metts III.

Judge:  Perry Brannen Jr., Chatham Superior Court; Appellant Judges Doyle, Blackburn, Adams.

A GA trial court may not deny a child support contempt hearing because the Temporary Protective Order, ordering father to pay child support, would expire before the hearing date because a trial court lacks authority to modify the terms of a child support order nor may it forgive any child support in arrears.

James-Dickens v. Petit-Compere;  A09A1617 (08/04/09)

Judges:  Miller; Barnes; Andrews;   /  Joan Bloom (Cobb Superior Court)

For more information contact:  CJ Remboldt

GA  juvenile courts lack jurisdiction over the a matter granting temporary custody of a child to a third party, if the deprivation petition is a disguised custody matter filed by the 3^rd party, where a third party specifically asked a juvenile court to remove the child from his mother’s custody and place him in their custody instead.

Also a petition does not a contain valid allegation of present deprivation if it focuses largely upon allegation of past deprivation and potential future deprivation related to mother’s drug use.

In the Interest of C.L.C.;  A09A0798 (08/18/09)

Judges:  Ben Miller / Spalding Juvenile Court; Phipps; Smith; Bernes.

For more information contact: CJ Remboldt

A GA Superior Court has jurisdiction over the temporary  award of custody of a child to grandparents if complaint was not in nature of a deprivation petition and does not allege they should be granted permanent custody of the child because the child is deprived.

Even if an earlier petition is filed by DFACS and rejected by Juvenile court, if there is no Superior Court order transferring petition to juvenile court , jurisdiction obtained during original deprivation proceeding cannot serve to retain jurisdiction in juvenile court.

If there is no trial transcript the trial court’s remaining rulings are presumed correct.

Wiepert v. Stover, A09A0197 (07/02/09)

For more information contact:  CJ Remboldt