In the Matter of M.L.T.H., 200 N.C. App. 476 (2009)

Held: 
Reversed and Remanded

The Court of Appeals first held that it did not have jurisdiction to hear the appeal because the juvenile’s notice of appeal was not timely. The juvenile appealed the adjudication order and an order denying his motion to suppress, which are not appealable final orders under G.S. 7B-2602. However, the disposition was not entered until 127 days after the adjudication order. G.S. 7B-2602 provides that “if no disposition is made within 60 days after entry of the order, written notice of appeal may be given within 70 days after such entry.” In that provision, “entry of the order” refers to the order being appealed. Since notice of appeal from the order denying the suppression motion was given 85 days after entry of the order, it was not timely. Also, the oral notice given at the adjudication hearing was not timely because there was no final order entered in the case. However, the Court of Appeals treated the appeal as a petition for certiorari under Rule 21(a)(1) of the Rules of Appellate Procedure, which it granted.

Category:
Appeal
Stage:
Notice of Appeal
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