In the Interest of: A v. Appeal of: J.A.R. ( 2014 )


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  • J-S36032-14
    NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
    IN THE INTEREST OF: A.V.                       IN THE SUPERIOR COURT OF
    PENNSYLVANIA
    APPEAL OF: J.A.R.                              No. 530 EDA 2014
    Appeal from the Order entered on January 27, 2014,
    in the Court of Common Pleas of Wayne County,
    Civil Division, at No(s): 8-2013
    BEFORE:      GANTMAN, P.J., JENKINS, and FITZGERALD*, JJ.
    JUDGMENT ORDER BY FITZGERALD, J.                      FILED JULY 31, 2014
    2013 decree nisi that involuntarily terminated his parental rights to A.R.
    and (b) of the Adoption Act. We quash the appeal as untimely and vacate
    the January 10 and January 27, 2014 orders.
    On J
    nisi
    November 26, 2013, Father filed exceptions to the decree nisi. On January
    to the finding that Father was a sexually violent predator and to deny the
    remainder of the exceptions. On January 27, 2014, the trial court purported
    to make the decree nisi final.
    * Former Justice specially assigned to the Superior Court.
    J-S36032-14
    On February 7, 2014, Father filed a notice of appeal, but failed to
    include a concise statement of errors complained of on appeal, pursuant to
    Pa.R.A.P. 1925(a)(2)(i) and (b).    On February 26, 2014, the trial court
    entered an order directing Father to file a concise statement within twenty-
    one days.   Father complied on March 14, 2014.      See In re K.T.E.L., 983
    per se rule requiring quashal
    or dismissal of a defecti
    termination or adoption matters under the Adoption Act, 23 Pa.C.S. Section
    2501 et seq.                       see also In re Adoption of W.R., 
    823 A.2d 1013
    , 1014 (Pa. Super. 2003). Father did not seek and did not receive
    a grant of reconsideration of the October 28, 2013 decree; thus his appeal
    filed on February 7, 2014 is untimely.      See Pa.R.A.P. 903(a) (requiring
    notice of appeal to be filed within thirty days after entry of order), 1701(b)
    (providing that when timely order of reconsideration is entered, time for
    filing notice of appeal begins to run anew).    Thus, we lack jurisdiction to
    reach the merits of his appeal. See 
    W.R., 823 A.2d at 1014
    .
    Appeal quashed. January 10 and January 27, 2014 orders vacated.
    -2-
    J-S36032-14
    Judgment Entered.
    Joseph D. Seletyn, Esq.
    Prothonotary
    Date: 7/31/2014
    -3-
    

Document Info

Docket Number: 530 EDA 2014

Filed Date: 7/31/2014

Precedential Status: Non-Precedential

Modified Date: 12/13/2024