Adoption of Dzurovcak v. Vaughan

I dissent. The unusual factual posture of this case renders the rationale of Koons v. State (1989), Ind., 545 N.E.2d 826, 827 and Irvin v. State (1957), 236 Ind. 384, 139 N.E.2d 898, reh. denied, 353 U.S. 948, 77 S.Ct. 827, 1 L.Ed.2d 857, wholly inapposite. In both cases, the rights of a single criminal defendant were at stake, rather than the rights of two civil appellants and the welfare of a child. By dismissing this appeal, W.S., who remains in the jurisdiction, is being stripped of his right to appeal the judgment of the trial court. Moreover, the best interests of B.B.D., which should…