Legal Opinion

In Re: The Matter of D.J. and G.J., Children in Need of Services Gr.J. (Mother) and J.J. (Father) v. Ind. Dept. of Child Services

Indiana Supreme Court

Decided February 7, 2017No. 02S03-1610-JC-548PublishedCited by 48 opinions

1Opinion of the Court

On Petition to Transfer from the Indiana Court of Appeals, No. 02A03-1512-JC-2207

Slaughter, Justice.

We have previously held that a tardy notice of appeal forfeits the aggrieved party’s right to appeal, but does not deprive a reviewing court of jurisdiction to hear the appeal. Today, we hold that a premature notice of appeal likewise is not fatal to appellate jurisdiction. The two prerequisites for invoking appellate jurisdiction were both present here — an appealable trial-court order and entry of the notice of completion of clerk’s record in the chronological case summary.

The trial court…

2Cases cited15 opinions

  1. Pierce v. Society of SistersSupreme Court of the United States · 1925
  2. Yanoff v. MuncyIndiana Supreme Court · 1997
  3. In the Matter of the Adoption of O.R., N.R. v. K.G. and C.G.Indiana Supreme Court · 2014
  4. N.L. v. Indiana Department of Child ServicesIndiana Supreme Court · 2010
  5. In the Matter of S.D., Alleged to be a Child in Need of Services J.B. v. Indiana Department of Child ServicesIndiana Supreme Court · 2014

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3Cited by48 opinions

  1. In the Matter of Eq.W., M.W., A.W., S.W., and Ez.W. (Minor Children) V.B. (Mother) v. Indiana Department of Child ServicesIndiana Supreme Court · 2019
  2. Town of Ellettsville, Indiana Plan Commission and Richland Convenience Store Partners, LLC v. Joseph v. DeSpiritoIndiana Supreme Court · 2017
  3. Paternity of G.G.B.W. v. S.W.Indiana Court of Appeals · 2017
  4. James E. Manley v. Gregory F. ZoellerIndiana Court of Appeals · 2017
  5. Kathy Dotson v. Stryker Corporation, Brad Bolinger, Patrick Reagan, Jeffrey M. Sheedy, M.D., Rochester Orthopedics, P.C., and Woodlawn HospitalIndiana Court of Appeals · 2018

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