An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

                    NO.    COA04-509

NORTH CAROLINA COURT OF APPEALS

Filed: 19 April 2005

IN THE MATTER OF:
B.P.
S.P.                            Pitt County
R.T.                            Nos. 98 J 169
                                98 J 170
                                98 J 171

    Appeal by respondent mother from order entered 10 September 2003 by Judge P. Gwynette Hilburn in Pitt County District Court. Heard in the Court of Appeals 25 January 2005.

    Janis Gallagher, for petitioner-appellee Pitt County Department of Social Services.

    Katharine Chester, for respondent-appellant.

    TYSON, Judge.

    Kimberly Tripp (“respondent”) appeals from the trial court's permanency planning review order entered on 10 September 2003. That order does not alter the disposition for any of the minor children from the permanency planning review order entered 13 August 2003. See In re Weiler, 158 N.C. App. 473, 476-77, 581 S.E.2d 134, 136-37 (2003). For the reasons stated in our opinion, In the Matter of: B.P., S.P., R.T., ___ N.C. App. ___, ___ S.E.2d ___ (April 19, 2005) (No. COAO4-498), filed simultaneously with this one, we dismiss this appeal as interlocutory.
    Further, as this appeal relates to the disposition of S.P., our opinion, No. COA04-509, reverses the trial court's order and remands the matter for further proceedings. The 10 September 2003order appealed from finds that the plan of adoption “continue[s] to be the permanent plan for [S.P.].” The trial court's reliance on its earlier 13 August 2003 order is misplaced due to the reversal entered by this Court. Without a properly entered dispositional order, there is no “continuation” of any disposition for S.P. and the order at bar as it relates to S.P. must also be reversed.
    Dismissed in part; Reversed in part.
    Judge MCGEE concurs.
    Judge WYNN concurs in part, dissents in part.
    Report per Rule 30(e).

NO. COA04-509

NORTH CAROLINA COURT OF APPEALS

Filed: 19 April 2005

IN THE MATTER OF:
B.P.
S.P.                            Pitt County
R.T.                            Nos. 98 J 169
                                98 J 170
                                98 J 171

        

    WYNN, Judge concurring in part and dissenting in part.

    For the reasons stated in my concurrence in part and dissent in part, In re B.P., S.P., R.T., __ N.C. App. __, __ S.E.2d __ (19 April 2005) (No. 04COA498), I concur in part and dissent in part.

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