IN RE: Pasquotank County
S.F.P., No. 04 J 84
Pasquotank Department of Social Services, by G. Elvin Small,
III and H.P. Williams, Jr., for petitioner-appellee.
Sophia L. Harvey and Lori Lorenzo, for Juvenile Guardian ad Litem.
Charlotte Gail Blake, for respondent-appellant.
On 6 December 2004 the Pasquotank County Department of Social
Services (petitioner) filed a juvenile petition alleging the minor
child, S.F.P., was a neglected and dependent juvenile. The court
entered an order on the same date awarding nonsecure custody of the
child to petitioner. On 10 May 2005 the court filed an order
adjudicating the child as dependent. The court awarded custody of
the child to petitioner. After hearings on 9 May 2005 and 8
November 2005, the court conducted a six-month review hearing on 8
September 2006. At the conclusion of this hearing, the court
entered an order ruling that the child shall continue to remain in
the custody of petitioner. From this order filed and entered 9
October 2006, respondent filed notice of appeal on 30 October 2006. The statute that governs the right to appeal a juvenile
neglect, abuse, dependency or termination of parental rights
proceeding is N.C. Gen. Stat. § 7B-1001 (2005). During its 2005
session, the General Assembly amended this statute, inter alia, to
extend the time for giving notice of appeal from ten days after
entry of the written order to thirty days after entry and service
of the written order. 2005 N.C. Sess. Laws ch. 398, § 10. The
General Assembly made the amendments applicable to petitions or
actions filed on or after 1 October 2005. Id. at § 19. As the
present petition was filed prior to that date, the time limitation
of ten days applies. See N.C. Gen. Stat. § 7B-1001 (2003). The
notice of appeal in this case was filed more than ten days after
entry of the order. Timely notice of appeal is jurisdictional,
and an untimely attempt to appeal must be dismissed. Booth v.
Utica Mutual Ins. Co., 308 N.C. 187, 189, 301 S.E.2d 98, 99-100
Judges STEELMAN and GEER concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***