Legal Opinion · Concurrence

State Ex Rel. J.M.S.

Court of Appeals of Utah

Decided November 18, 2010No. 20100073-CAPublished

1ConcurrenceThorne, Judge

T 15 I concur in the majority opinion, as I agree that the Stayed Order and the January 6 Order were not final, appealable orders. However, I write separately to explore two areas of concern. First, I respond to Father's argument that this court's failure to treat the January 6 Order as final and appealable deprives him of his right to a direct appeal of the juvenile court's removal decision. Second, as noted by the majority opinion, see supre T9 n. 4, children are never to be removed from the home as a punishment to a parent or parents. See In re A.R., 1999 UT 43, ¶ 18, 982 P.2d 73. I…

2Cases cited9 opinions

  1. State in Interest of AfUtah Supreme Court · 2007
  2. State ex rel. A.R. & C.P. v. C.R.Utah Supreme Court · 1999
  3. In Re Adoption of T.B.Utah Supreme Court · 2010
  4. Taylor v. WaddoupsUtah Supreme Court · 1952
  5. Schmidt v. Utah State Tax CommissionUtah Supreme Court · 1999

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