An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA04-1462


Filed: 20 September 2005


                                Mecklenburg County                     
C. J. H.-D.                        No. 2004 J 288

    Appeal by respondent mother from order entered 13 April 2004 by Judge Elizabeth D. Miller in Mecklenburg County District Court. Heard in the Court of Appeals 22 August 2005.

    Mecklenburg County Attorney's Office, by Twyla Hollingsworth George, for petitioner-appellee.

    Jeannie E. Brown
for Guardian ad Litem petitioner-appellee.

    Katharine Chester for respondent-appellant.

    MARTIN, Chief Judge.

    Respondent mother appeals from a temporary custody order, entered in open court 7 April 2004 and signed 13 April 2004, continuing the then 14-day-old juvenile in nonsecure custody of the Mecklenburg County Youth and Family Services Division pending subsequent hearing. Petitioner Mecklenburg County Department of Social Services has moved to dismiss the appeal.
    During the pendency of this appeal, an order was entered on 29 November 2004 adjudicating the juvenile to be neglected and dependent and changing the plan to adoption. Respondent has also given notice of appeal from that order and the appeal is currently pending in this Court as case number COA05-939.    We are of the opinion that the temporary custody order from which respondent appeals is not a “final order” pursuant to N.C. Gen. Stat. § 7B-1001 from which an immediate appeal may be taken and, in any event, has been rendered moot by the trial court's 29 November 2004 order adjudicating the child neglected and dependent. Therefore, the motion to dismiss is allowed.
    Appeal dismissed.
    Judges BRYANT and GEER concur.
    Report per Rule 30(e).

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