No. 01 JA 65
John F. Campbell, Staff Attorney, for Cumberland County
Department of Social Services, petitioner-appellee.
North Carolina Guardian ad Litem Program, by Pamela Newell Williams, for guardian ad litem-appellee.
Richard E. Jester, for S.H., respondent-appellant.
Annick Lenoir-Peek, for T.H., respondent-appellant.
A notice of appeal of any final order of the court in a
juvenile matter, including any order modifying custodial rights,
stemming from a juvenile petition or action filed before 1 October
2005, must be filed within ten days of the entry of the order.
N.C. Gen. Stat. § 7B-1001 (2001); see also N.C. Gen. Stat. § 7B-
1001(b) (2005) (changing the filing requirement for notice of
appeal to thirty days after the entry of the order for petitions
filed on or after 1 October 2005).
Here, the petition that instituted the trial court's jurisdiction over this matter was filed on 26 January 2001, wellbefore the 1 October 2005 date. However, Respondent-caretaker and Respondent-mother filed their appeals of the trial court's 19 April 2007 review order on 7 May and 15 May 2007, respectively, after the ten-day requirement had elapsed. Accordingly, we are without jurisdiction to hear their appeals. We therefore dismiss.
Judges ELMORE and STROUD concur.
Report per Rule 30(e).
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