Scruggs v. Georgia Department of Human Resources

Smith, Presiding Justice.

We granted the appellant’s discretionary application; however, the Department of Human Resources (DHR) contends that the application should not have been granted, the appeal should be dismissed, and this Court should overrule Straus v. Straus, 260 Ga. 327 (393 SE2d 248) (1990), the case that enticed the appellant to appeal an interlocutory order without following the interlocutory-application subsection. OCGA § 5-6-34 (b).

1. Straus v. Straus, supra, held that the discretionary application statute, OCGA § 5-6-35 (b), controls an interlocutory application in a domestic…