IN THE MATTERS OF:
E.T., Nos. 04 J 56
J.T., 04 J 57
S.T., and 04 J 58
J.T., 04 J 59
Mary G. Holliday for petitioner-appellee.
Carol Ann Bauer for respondent-appellant.
Respondent father appeals from an adjudication order of the district court entered 21 December 2005, concluding that grounds exist to terminate his parental rights with respect to his minor children, E.T., J.T., S.T., and J.T., on the basis of N.C. Gen. Stat. § 7B-1111(a)(1) through (a)(3) (2005). Respondent father has not, however, appealed from a final dispositional order of the district court, as the court stayed its proceedings pending our resolution of respondent father's appeal of the adjudication order. Because N.C. Gen. Stat. § 7B-1001(a)(3) (2003) did not, at the time the termination petition was filed, provide respondent father with a right to appeal, we must dismiss pursuant to In re A.L.A., 175 N.C. App. 780, 782, 625 S.E.2d 589, 590-91 (2006).
On 5 October 2004, the Jackson County Department of Social
Services filed petitions to terminate respondent father's parental
rights as to E.T., J.T., S.T., and J.T. Following a hearing on 28
November 2005 before Judge Danny E. Davis in Jackson County
District Court, the trial court entered an adjudication order on 21
December 2005 concluding grounds existed under N.C. Gen. Stat. §
7B-1111(a)(1) through (a)(3) to terminate respondent father's
parental rights. The order further specified that the
dispositional hearing would be conducted on 21 December 2005.
Apparently, the dispositional hearing was not held that day, and,
on 29 December 2005, respondent father filed notice of appeal from
the adjudication order only. On 9 March 2006, the trial court
entered an order staying the dispositional hearing until respondent
father's appeal is decided.
At the time of the filing of the petitions, N.C. Gen. Stat. § 7B-1001(3) authorized an appeal only from an "order of disposition after an adjudication that a juvenile is abused, neglected, or dependent." (See footnote 1) (Emphasis added.) As respondent father had no right to an immediate appeal from the adjudication order, this Court is without jurisdiction to hear his appeal, and, therefore, we mustdismiss. See A.L.A., 175 N.C. App. at 782, 625 S.E.2d at 590-91 (dismissing appeal from adjudication order); In re Laney, 156 N.C. App. 639, 642, 577 S.E.2d 377, 379 (accord), disc. review denied, 357 N.C. 459, 585 S.E.2d 762 (2003). See also In re A.L., 166 N.C. App. 276, 277-78, 601 S.E.2d 538, 538-39 (2004) (dismissing appeal in juvenile delinquency case for lack of jurisdiction when notice of appeal only referenced adjudication and not disposition).
Judges WYNN and ELMORE concur.
Report per Rule 30(e).
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