Opinion
No. 36679
Decided February 15, 1961.
Juvenile Court — Neglected child — Jurisdiction continuing, when — Interlocutory orders — Entry not final, when — Prohibition — Not available to restrain exercise of continuing jurisdiction.
APPEAL from the Court of Appeals for Cuyahoga County.
An affidavit was filed in the Juvenile Court of Cuyahoga County charging a mother with neglect of her minor child. The court found the child to be neglected and awarded temporary custody to relator and appellant herein, The Jewish Children's Bureau.
On March 16, 1959, after numerous hearings, the court committed the child to the permanent care and custody of the relator, the order to become effective on June 30, 1959, unless the mother show good cause why the commitment to permanent custody should be set aside. On March 26, 1959, the mother filed a motion for new trial, and on the same day the maternal grandmother filed a motion for temporary custody. On October 23, 1959, the court overruled the mother's motion for a new trial and ordered to be in effect the entry of March 16 and in the same entry continued the grandmother's motion until December 8.
On October 27, 1959, the mother filed a motion for rehearing on the motion for new trial, which was sustained and a hearing set for December 8. The court, having heard further evidence on the grandmother's motion, continued the matter to January 8, 1960, on which date the matter was continued indefinitely pending the outcome of the instant cause which was brought in the Court of Appeals on January 6, 1960, to prohibit the Juvenile Court and the judge thereof from proceeding with the hearing of the grandmother's motion for temporary custody and the granting of any order or judgment therein.
The Court of Appeals denied the writ for the reason, as stated in its journal entry, "that Juvenile Court, having obtained jurisdiction of the cause, still continues its exercise thereof and has not terminated its jurisdiction by final judgment."
An appeal as of right brings the cause to this court for review.
Mr. Louis E. Weitz, for appellant.
Mr. John T. Corrigan, prosecuting attorney, and Mrs. Gertrude B. Mahon, for appellees.
It is the contention of relator that the entries of March 16 and October 23, 1959, are final orders and terminated the jurisdiction of the Juvenile Court.
The entry of March 16, 1959, reads in part:
"* * * The order heretofore made committing said minor to the temporary care of Jewish Children's Bureau is hereby terminated, and it is ordered that * * * [the minor] be, and he hereby is, committed to the permanent care and custody of Jewish Children's Bureau for the purpose of adoption, and is to become effective June 30, 1959, unless * * * the mother of minor * * * shall in the meantime show good cause and compelling reason why said commitment for permanent custody should be set aside." (Emphasis added.)
The entry of October 23, 1959, reads in part:
"* * * The court, finds that * * * mother of minor herein, has failed to show good cause or compelling reason why the order of March 16, 1959, should not be put into effect. * * * The court, having heard all the evidence on the [grandmother's] motion * * * for custody of minor herein, orders that this motion be marked heard and submitted and that this matter be continued to December 8, 1959 * * *." (Emphasis added.)
It is obvious from a reading of these two entries that they are interlocutory in nature. Clearly they were not intended to be final because of the allowance for further proceedings and the continuance on December 8 to January 8, 1960, on which latter date the matter was continued indefinitely pending the outcome of the instant action in prohibition.
The judgment of the Court of Appeals denying the writ is affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.