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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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

NO. COA07-24
Filed: 5 June 2007

IN RE:                            Pasquotank County
S.F.P.,                            No. 04 J 84
Minor Child.                        

    Appeal by respondent from order entered 9 October 2006 by Judge C. Christopher Bean in Pasquotank County District Court. Heard in the Court of Appeals 30 April 2007.

    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.

    LEVINSON, Judge.

    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 (1983).
    Judges STEELMAN and GEER concur.
    Report per Rule 30(e).

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