In re Farmer

Judge Martin (Harry C.)

dissenting.

Although it is certainly true that respondent failed to file the record on appeal within 150 days as required by Rule 12(a) of the North Carolina Rules of Appellate Procedure, I most respectfully dissent from the decision of the majority to dismiss the appeal. I vote to exercise our discretion under App. R. 2 and treat the appeal as a petition for certiorari, allow the petition, and pass upon the merits of the appeal.

Respondent argues that the evidence is insufficient to support a conclusion that he has forfeited his parental rights pursuant to N.C.G.S.…