In re In re E. G. M., 821 S.E.2d 574 (2018)

Nov. 20, 2018 · Court of Appeals of Georgia · A16A1768; A16A2045

821 S.E.2d 574

In the INTEREST OF E. G. M., a child.

In the Interest of I. L. M. et al., children.

A16A1768
A16A2045

Court of Appeals of Georgia.

November 20, 2018

Charles Mark Anderson, Cory P. DeBord, Canton, Emily Louise Evett, for Appellant in A16A1768.

Calandra Almond Harps, Atlanta, Christopher Michael Carr, Samuel S. Olens, Atlanta, Hope Merkert Pereira, Shalen S. Nelson, Atlanta, for Appellee.

Charles Mark Anderson, Cory P. DeBord, Jenny Carver Rose, Emily Louise Evett, for Appellant in A16A2045.

Brown, Judge.

In In the Interest of I. L. M. , 304 Ga. 114, 816 S.E.2d 620 (2018), the Supreme Court of Georgia reversed Division 5 of our decision in the consolidated opinion of In the Interest of E. G. M. , 341 Ga. App. 33, 59-61 (5), 798 S.E.2d 639 (2017),¹ in which we held that the juvenile court did not abuse its discretion in denying the parents' motion to dismiss the dependency petition. Accordingly, we vacate Division 5 of our earlier opinion, adopt the opinion of the Supreme Court as our own, and reverse the juvenile court's denial of the motion to dismiss without prejudice. In light of the foregoing, Divisions 4 and 6 of our previous opinion are now moot, and we vacate those divisions. Divisions 1 through 3 of our opinion, relating to A16A2045, were not affected by the Supreme Court's decision and thus remain in effect. See Shadix v. Carroll County , 274 Ga. 560, 563-564 (1), 554 S.E.2d 465 (2001).

Judgment affirmed in part and reversed in part.

Barnes, P. J., and Rickman, J., concur.

1 In its order, the Supreme Court granted certiorari as to A16A1768 and A16A2045. However, the Supreme Court specifically noted in its opinion that only A16A1768 was encompassed in the Court's granted writ of certiorari. In the Interest of I. L. M. , 304 Ga. at 114, n. 1, 816 S.E.2d 620.