Legal Opinion

In re M.I.W.

Supreme Court of North Carolina

Decided January 27, 2012No. 148PA11PublishedCited by 19 opinions

1Opinion of the Court

NEWBY, Justice.

This case asks whether, under the Juvenile Code, a trial court has subject matter jurisdiction to terminate parental rights when the motion to terminate was filed while an appeal in the case was pending but the court acted on the motion only after the mandate resolving the appeal *375had been issued. We hold that N.C.G.S. § 7B-1003 prohibits only the exercise of jurisdiction before issuance of the mandate and that issuance of the mandate by the appellate court returns the power to exercise subject matter jurisdiction to the trial court. Because the trial court here did not exercise…

2Cases cited21 opinions

  1. Veazey v. City of DurhamSupreme Court of North Carolina · 1950
  2. Matter of MontgomerySupreme Court of North Carolina · 1984
  3. In re T.R.P.Supreme Court of North Carolina · 2006
  4. Electric Supply Co. of Durham, Inc. v. Swain Electrical Co.Supreme Court of North Carolina · 1991
  5. State Ex Rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1977

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. In re L.M.T.Supreme Court of North Carolina · 2013
  2. State v. GardnerCourt of Appeals of North Carolina · 2013
  3. Catawba Cnty. ex rel. Rackley v. LogginsSupreme Court of North Carolina · 2017
  4. Quality Built Homes Inc. v. Town of CarthageSupreme Court of North Carolina · 2018
  5. In re E.G.M.Court of Appeals of North Carolina · 2013

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API