Legal Opinion · Dissent

In re M.I.W.

Supreme Court of North Carolina

Decided January 27, 2012No. 148PA11Published

1DissentJustice Edmunds

I believe that the General Assembly intended to remove completely a trial court’s subject matter jurisdiction over termination of parental rights (TPR) matters while an appeal in the underlying case involving the juvenile is pending, and that the pertinent statutes reflect that intent. Because the trial court here issued its order terminating respondents’ parental rights in response to a TPR motion that was not filed until after respondent parents filed an appeal of the trial court’s underlying custody order in the case, I would hold the TPR order is void for lack of subject matter…

2Cases cited4 opinions

  1. In re R.T.W.Supreme Court of North Carolina · 2005
  2. Shaw v. U.S. Airways, Inc.Supreme Court of North Carolina · 2008
  3. Jolly v. QueenSupreme Court of North Carolina · 1965
  4. Rosero v. BlakeSupreme Court of North Carolina · 2003

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