Legal Opinion · Dissent

In re A.R.G.

Court of Appeals of North Carolina

Decided June 20, 2006No. COA05-1268Published

1DissentWynn, Judge

The majority dismisses this appeal by a parent as being interlocutory because it involves a review order and not a final disposition. Yet, the dispositive issue on appeal is not whether the parent challenges the "outcome" of the review order; instead, the issue is whether DSS may institute proceedings without complying with the statutory mandates for doing so, thus, depriving the trial court of subject-matter jurisdiction. Indeed, audaciously, DSS recognizing that its petition was statutorily deficient, prepared the proper documents after notice of appeal was given to this Court, and by…

2Cases cited3 opinions

  1. Price v. HowardSupreme Court of North Carolina · 1997
  2. In Re WeilerCourt of Appeals of North Carolina · 2003
  3. In re B.N.H.Court of Appeals of North Carolina · 2005

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