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Final Copy 286 Ga. 644 S10A0044. R. A. F. et al. v. ROBINSON et al. Thompson, Justice. David E. Friedman appeals individually as well as on behalf of his minor daughter R.A.F., from an order of the trial court dismissing a petition for a writ of mandamus as amended.1 Finding no error, we affirm. On October 23, 2007, Friedman was notified that R. A. F. experienced a bathroom soiling accident while attending an after-school program at the Marcus Jewish Community Center ("the center"). Following that incident, appellants lodged complaints of child abuse and neglect against the center with the Georgia Department of Early Care and Learning (DECAL), the Georgia Department of Human Resources (DHR), and DHR's DeKalb County Department of Family and Children Services, alleging that R. A. F. was directed to remove soiled diaper wipes from the toilet as punishment for the accident. DECAL and DHR, along with their respective department commissioners, are

David E. Friedman is an attorney duly licensed to practice law in the state of Georgia, and has been admitted as a member of the Bar of this Court. In the trial court and on appeal, Friedman represented himself pro se as well as his minor daughter; both are designated collectively as appellants herein.
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appellees to this appeal. It is undisputed that appellees regulate early care and educational programs in the state of Georgia and are empowered to investigate allegations of child abuse, neglect, and deprivation which occur while a child is in the care of such a program; and pursuant to that authority appellees investigated appellants' complaints and rendered final decisions, concluding that no maltreatment of R. A. F. had occurred. Appellants then filed a petition for writ of mandamus, which they amended several days later, and in which they acknowledged that both DECAL and DHR undertook investigations and issued final reports in the matter. Appellees jointly filed a motion to dismiss the petition as amended. Appellants followed with a "second amended and restated petition for mandamus," eliminating certain claims stated in the original petition, and generally alleging that appellees failed to follow their own regulations in investigating appellants' allegations and in concluding that the actions of the center's employee did not constitute child abuse or neglect. The trial court conducted a hearing on the motion to dismiss and entered a written order dismissing the petitions with prejudice on May 18, 2009. On
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May 28, 2009, appellants filed a motion for reconsideration, or in the alternative, application for certificate of immediate review, as well as a "third amended and restated petition for mandamus." Appellees opposed all postdismissal motions. Appellants sought and obtained leave to file an out-of-time appeal from the May 18, 2009 order, pursuant to which a timely notice of appeal was filed on July 14, 2009. On July 29, 2009, the trial court entered another order dismissing the petition for mandamus with prejudice as well as all motions and amended petitions filed by appellants.2 In explanation for its ruling, the court noted that the: "requested action is moot; [petitioners] failed to state a claim upon which relief can be granted; [petitioners] failed to assert a clear legal right [to the requested relief]; and [petitioners] have an adequate remedy at law." 1. In several enumerations of error, appellants assert that the trial court erred in dismissing the second amended petition for mandamus.

We note that "even though a notice of appeal may [in certain circumstances] divest the trial court of jurisdiction, such divestiture does not become effective during the period in which a motion for new trial may be filed." Griffin v. Loper, 209 Ga. App. 504, 505 (433 SE2d 653) (1993). As the 30-day time period for filing a motion for new trial had not expired when the trial court entered its second order dismissing all appellant's claims, the court retained jurisdiction to enter the order. Id.; OCGA

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