Gunn v. Cavanaugh

This is an adoption proceeding in which the parental rights in three children of a non-consenting, non-notified and non-participating natural father have been taken away. The question is whether, if he so elects, he may appeal by writ of error to set aside the order of the district court which was entered without notice to him. I would hold, contrary to the majority view, that he is entitled to appeal and is not limited to the remedy of a suit in the nature of a bill of review.

The majority seems overly concerned with protecting a parent from supposed consequences of the appeal remedy and by…