In the Matter of the Adoption of A.K.G., P.S. v. J.M. (mem. dec.) ( 2019 )

MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Oct 30 2019, 9:08 am
this Memorandum Decision shall not be
regarded as precedent or cited before any CLERK
Indiana Supreme Court
Court of Appeals
court except for the purpose of establishing and Tax Court
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE
Mark S. Lenyo Mark F. James
South Bend, Indiana Anderson, Agostino & Keller P.C.
South Bend, Indiana
IN THE
COURT OF APPEALS OF INDIANA
In the Matter of the Adoption of October 30, 2019
A.K.G.; Court of Appeals Case No.
19A-AD-990
P.S.,
Appeal from the St. Joseph Probate
Appellant, Court
v. The Honorable Barbara J.
Johnston, Magistrate
J.M., Trial Court Cause No.
71J01-1808-AD-114
Appellee.
Najam, Judge.
Statement of the Case
[1] P.S. (“Father”) appeals the trial court’s order denying Father’s motion to
contest the adoption petition filed by J.M. (“Stepfather”). Father presents three
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issues for our review. However, because we are without jurisdiction to consider
this appeal, we do not reach the merits. Thus, we dismiss.
Facts and Procedural History
[2] On August 13, 2018, Stepfather filed a petition to adopt his stepdaughter
A.K.G. (“Child”). On September 6, Father filed a motion to contest the
adoption. Following an evidentiary hearing on “the adoption petition and
[Father’s] objection thereto” on March 29, the trial court “approved” the
adoption petition and denied Father’s motion to contest the adoption on April
3, 2019. Appellant’s App. Vol. 2 at 36. However, the court scheduled the
adoption petition for a “final hearing” to be held on May 13. Id. Accordingly,
the court’s April 3 order denying Father’s motion to contest the adoption was
an interlocutory order. This appeal ensued.
Discussion and Decision
[3] In his notice of appeal, Father purports to appeal from a final judgment.
However, the trial court’s order denying his motion to contest the adoption did
not dispose of “all claims as to all parties.” Ind. Appellate Rule 2(H). Rather,
because the final hearing on the adoption petition had been scheduled for May
13, the court’s April 3 order was an interlocutory order. Father did not seek
certification of the order pursuant to Indiana Appellate Rule 14(B), and the
order is not appealable as a matter of right under Appellate Rule 14(A).
[4] “‘It is the duty of this Court to determine whether we have jurisdiction before
proceeding to determine the rights of the parties on the merits.’” DuSablon v.
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Jackson County Bank, ___ N.E.3d ___, No. 18A-MI-2259, 2019 WL 4582946, at
*5 (Ind. Ct. App. Sept. 23, 2019) (quoting Allstate Ins. Co. v. Scroghan, 801
N.E.2d 191, 193 (Ind. Ct. App. 2004), trans. denied). Jurisdiction is a question
of law we review de novo. Id. Here, the order from which Father appeals is
neither a final judgment nor an appealable interlocutory order. And, in
response to this Court’s Order to Show Cause, Father acknowledged that the
final adoption hearing has not been held to date. This Court is, therefore,
without subject matter jurisdiction to consider the merits of Father’s appeal. See
R.W. v. G.C. (In re Adoption of S.J.), 967 N.E.2d 1063, 1066 (Ind. Ct. App. 2012)
(dismissing appeal from order denying motion to contest adoption where final
adoption hearing had not yet been held).
[5] Dismissed.
Bailey, J., and May, J., concur.
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