In the Int. of: K.M.W., Appeal of K.W.R. ( 2020 )

J-A07021-20
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INT. OF: K.M.W., A MINOR : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
APPEAL OF: K.W.R., MOTHER :
:
:
:
:
: No. 1537 MDA 2019
Appeal from the Decree Entered August 23, 2019
In the Court of Common Pleas of Dauphin County Orphans' Court at
No(s): 13-AD-2019
BEFORE: OLSON, J., DUBOW, J., and McLAUGHLIN, J.
MEMORANDUM BY DUBOW, J.: FILED FEBRUARY 21, 2020
Appellant, K.M.W. (“Mother”), appeals from the August 23, 2019 Decree
that involuntarily terminated her parental rights to K.M.W. (“Child”) and
changed Child’s permanency goal to Adoption. Upon review, we are
constrained to quash this appeal pursuant to Commonwealth v. Walker,
185 A.3d 969 (Pa. 2018), and deny counsel’s Application to Strike Trial Court
Docket Number and to Clarify Notice of Appeal (“Application to Strike”).
A detailed recitation of the procedural and factual history is unnecessary
to our disposition. On October 9, 2019, Mother filed a single Notice of Appeal
listing both the dependency and adoption docket numbers (Docket Nos. 13 AD
2019 and CP-22-DP-98-2016). Thereafter, both Mother and the trial court
complied with Pa.R.A.P. 1925.
Initially, we must address the fact that Mother filed a single Notice of
Appeal for her appeals at two separate lower court docket numbers. In
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June 2018, our Supreme Court disapproved of the common practice of filing
a single notice of appeal from an order or judgment involving more than one
docket number. See generally Walker, supra. The Court observed that
“the proper practice under [Pa.R.A.P.] 341(a) is to file separate appeals from
an order that resolves issues arising on more than one docket.” Walker, 185
A.3d at 977. Accordingly, the Court determined, “[t]he failure to do so
requires the appellate court to quash the appeal.” Id. See also Matter of
M.P., 204 A.3d 976, 981 (Pa. Super. 2019) (holding that when an appellant
files a single notice of appeal from two separate dockets–dependency and
adoption–Walker compels quashal).
In this case, Mother filed a single Notice of Appeal from an order
involving two separate docket numbers. Mother’s appeal postdates the
Walker and Matter of MP decisions. Accordingly, we are constrained to
quash this appeal.
Appeal quashed. Application to Strike denied. Case stricken from
argument list.
Judge McLaughlin joins the memorandum.
Judge Olson concurs in result.
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J-A07021-20
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/21/2020
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