After Ms. Wendy J. Titelman lost custody of her two daughters to their father, she and others presented to the Juvenile Court of Cobb County for filing a petition for adjudication of deprivation. Appellants subsequently filed a petition for mandamus in superior court, alleging that Judge Juanita Stedman Appellee refused to allow filing of the deprivation petition or to sign any order or provide any other written documentation of the denial of filing. The superior court dismissed the petition for mandamus, finding that such relief was not appropriate. Appellants appeal from this order. Under the Civil Practice Act CPA, “except when otherwise specifically provided by statute, all judgments shall be signed by the judge and filed with the clerk.” OCGA § 9-11-58 a. This portion of the statute was adopted verbatim in Uniform Juvenile Court Rule 17.1. See English v. Milby , 233 Ga. 7, 9-10 1 209 SE2d 603 1974 sections of the CPA may be adopted for the juvenile courts. Very similar language is also found in the Appellate Practice Act APA: “The filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment within the meaning of” the APA. OCGA § 5-6-31. Under the case law, “it is best to think of three requirements. The adjudication must be reduced to 1 writing, then 2 signed by the judge and finally, 3 filed with the clerk of the court.” Gregory, Ga. Civil Practice § 7-4, p. 574 2d ed. 1997. ” ‘ “ What the judge orally declares is no judgment until it has been put in writing and entered as such.” ‘ Cit.” State v. Sullivan , 237 Ga. App. 677, 678 516 SE2d 539 1999 involving “the oral declaration of a juvenile judge”.
Furthermore, “the filing with the clerk of a judgment, signed by the judge, constitutes the entry of the judgment, and, unless the court otherwise directs, no judgment shall be effective for any purpose until the entry of the same . . . .” OCGA § 9-11-58 b. See also Uniform Juvenile Court Rule 17.1. ” ‘ “ Until an order is signed by the judge and is filed it is ineffective for any purpose.” Cit.’ Cit.” State v. Sullivan , supra at 678. Therefore, this Court has held that, under the CPA, “there can be no appeal from an oral announcement that a judgment will be rendered, since no judgment is effective until it is signed by the judge and filed with the clerk. Cit.” Crowell v. State , 234 Ga. 313 215 SE2d 685 1975. This rule is also compelled by force of the APA: Under that Act the well established rule that “what the judge orally declares is no judgment until it has been put in writing and entered as such,” is still of force, and both a written judgment and its entry by filing the writing with the clerk are essential prerequisites to an appeal. Cits. Boynton v. Reeves , 226 Ga. 202, 203 173 SE2d 702 1970. Accordingly, ” ‘it is elementary that an oral order is not final nor appealable until and unless it is reduced to writing , signed by the judge, and filed with the clerk.’ Cits.” Emphasis supplied. Smith v. State , 242 Ga. App. 459 530 SE2d 223 2000. Continued adherence to this rule is supported and mandated not only by statutes and cases, but by the rationale underlying it: ” ‘ “ In the absence of a judgment in writing no question for decision is presented to the appellate court. Cits.” ‘ Cit.” Bishop v. State , 176 Ga. App. 357, 358 335 SE2d 742 1985. See also Seabolt v. Seabolt , 220 Ga. 181 1 137 SE2d 642 1964. That rationale applies equally whether a trial court precludes further legal proceedings by ruling on the merits of a proceeding filed in that court or by denying the filing of a petition or other pleading.
