In re R.A.F., 384 N.C. 505 (2023)
Held:
Reversed and Remanded
There is a dissent
in part by Morgan, J., joined by Earls, J.
- Facts: This is an appeal of a TPR that involves the release of mother’s provisional counsel. After the TPR was granted, mother, who was pro se, appealed to the supreme court rather than the court of appeals. One month before mother filed her appeal, the supreme court had jurisdiction to hear TPR appeals but the statute was amended to place appeals of TPRs to the court of appeals at the time of mother’s appeal. The court of appeals and parties to the appeal received notice from and briefed the appeal in the court of appeals. The court of appeals issued a writ of certiorari pursuant to Appellate Rule 21(a)(1). There was a dissent that the Appellate Rules do not allow for the court of appeals to treat the filings as a petition for writ of certiorari.
- “By law, the Court of Appeals has jurisdiction to issue a writ of certiorari in any case in aid of its own jurisdiction. N.C.G.S. 7A-32(c).” (emphasis in original). Separately, Appellate Rule 21 gives litigants a procedure that requires a petition for writ of certiorari but that rule does not limit the court of appeals. There is no statute that limits the authority of the court of appeals to issue a writ in this TPR case. The court of appeals had proper appellate jurisdiction.
Category:
Termination of Parental RightsStage:
AppealTopic:
Writ of Cert.