In re L.A.G.O., ___ N.C. App. ___ (October 7, 2026)
Held:
Reversed
- Facts: Respondent-father’s parental rights were terminated based on three grounds. Father directed his counsel to appeal the order. Counsel misapprehended the deadline to file the notice of appeal and filed one day past the deadline. Father petitioned the court for writ of certiorari (PWC).
- Notices of appeal must be filed in accordance with G.S. 7B-1001(b) and (c). N.C. R. App. P. 3.1(b). Failure to comply is a jurisdictional defect requiring dismissal. A writ of certiorari may issue to aid in appellate jurisdiction but is not intended to be a substitute for a notice of appeal. It may only issue if the petitioner can show both (1) merit to their argument that the trial court erred and (2) that there are extraordinary circumstances to justify its issue. Extraordinary circumstances “generally requires a showing of substantial harm, considerable waste of judicial resources, or wide-reaching issues of justice and liberty at stake.” Sl. Op. at 7 (citation omitted).
- Father’s PWC is granted. Father has shown merit to his arguments that the trial court erred in terminating his parental rights on each of the adjudicated grounds, he instructed his counsel to appeal the order, and counsel miscalculated the deadline under G.S. 7B-1001(b) and failed to timely file the notice of appeal. Extraordinary circumstances exist as the error could result in substantial harm to Father’s fundamental parental rights.
Category:
Termination of Parental RightsStage:
AppealTopic:
Writ of Cert.