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In the Interest of A. M.

Evidence about the parents' residency 'was neither "newly discovered" nor a "change in circumstances that established that it would be in the best interest of the children to change, modify, or vacate the order of termination," ' as O.C.G.A. § 15-11-40 requires.

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We granted the parents’ application for discretionary review of the juvenile court’s order denying their motion pursuant to OCGA § 15-11-40 to modify or vacate the order terminating their parental rights to their five minor children, A. M., A. M., D. M., E. M., and M. M, based on newly discovered evidence and changed circumstances. On appeal, the parents contend that their trial counsel was ineffective and the trial court failed to consider changes to the parents’ circumstances and newly discovered evidence. They also raise issues regarding the termination itself. Upon our review, we affirm.

1. We note at the outset that, although the parents filed an application for discretionary review, the juvenile court’s order denying their motion seeking modification under OCGA § 15-11-40 was a final judgment and thus directly appealable under OCGA § 5-6-34 a 1 and 15-11-3. See In the Interest of J. N. F., 306 Ga. App. 313, n. 1701 SE2d 925 2010; In the Interest of J. L. K., 302 Ga. App. 844, 846-847 1 691 SE2d 892 2010; In the Interest of J. N., 302 Ga. App. 631, 632-634 1 691 SE2d 396 2010. Accordingly, when, as here, a party files a discretionary application when an order may be appealed directly, we grant the application under OCGA § 5-6-35 j. 1

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