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Lawskills.com Georgia Caselaw
IN THE INTEREST OF J. B. et al., children.
A91A0022.
POPE, Judge.
Adjudication of delinquency. Hall Juvenile Court. Before Judge Fox.
First, we note that the record contains no final order of disposition of the cases and thus, the order appealed from, a preliminary, non-final order, is not a final judgment which is directly appealable to this court. See OCGA 5-6-34 (a). Moreover, the appeal must be dismissed because the issue presented is moot. When the judge announced his order at the August 18 hearing, he also announced he would entertain a motion for supersedeas if such a motion were filed in writing before 4:00 that day. The record shows no such motion was filed. Instead, the appellants complied with the order.
This is not a case which should be reviewed, even though the issue is moot, on the ground that the error is capable of repetition and yet evades review. See Chastain v. Baker, 255 Ga. 432 (339 SE2d 241) (1986). The order was made moot by the appellants' own actions. Appellants had the opportunity to move for supersedeas and a certificate for immediate review but instead complied with the order. Nothing in the record suggests the order is likely to be repeated since over one year elapsed between the hearing at which the order was announced and the entry of the written order and yet the record contains no additional orders or further discussion of the appellants' hair length.
Michael E. Neidenbach, for appellee.
Watson & Watson, Herman A. Watson III, Bruce S. Harvey, for appellants.
DECIDED APRIL 23, 1991.
Thursday January 8 15:53 CST


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