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An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA07-25
Filed: 5 June 2007

IN RE:                            Forsyth County
T.H.                                No. 04 JT 425                                  

    Appeal by respondents from order entered 11 October 2006 by Judge Victoria L. Roemer in Forsyth County District Court. Heard in the Court of Appeals 23 April 2007.

    Forsyth County Department of Social Services, by Assistant County Attorney Twanda M. Staley, for petitioner-appellee.

    Womble Carlyle Sandridge & Rice, PLLC, by Carrie A. Hanger, for Guardian ad Litem.
    Stuart Teeter, for Juvenile Guardian ad Litem.

    Peter Wood, for Monique F., respondent-appellant.

    David Botchin, for Monique F., respondent-appellant.

    Susan J. Hall, for Michael H., respondent-appellant.


    LEVINSON, Judge.

    On 25 October 2004 the Forsyth County Department of Social Services (hereinafter petitioner) filed a juvenile petition alleging that T.H., an infant then two weeks of age, was a neglected juvenile. The court awarded custody of the child to petitioner. Petitioner, with the approval of the court, subsequently placed the child in the home of the paternal grandfather and his wife. On 31 August 2005 petitioner filed a petition to terminate the parental rights of the child's natural parents. Following a hearing on 31 July 2006 the court filed awritten order on 11 October 2006. Respondent-father filed and served notice of appeal from the order on 30 October 2006. Respondent-mother filed and served notice of appeal on 2 November 2006.
    The threshold issue we must first decide is whether respondents gave timely notice of appeal thereby vesting this Court with jurisdiction. The statute that governs the right to appeal an order in 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 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). Both notices of appeal in this case were 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). Accordingly, this appeal is
    Judges STEELMAN and GEER concur.
    Report per Rule 30(e).

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