IN RE HOMER D., ET AL. - Articles

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Posted by: Landry Butler on Aug 22, 2017

Head Comment: With dissenting opinion by CLEMENT.

Court: TN Court of Appeals

Attorneys 1:

Matthew S. Bailey, Sparta, Tennessee, for the appellant, Sarah R. P. B.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; and Brian A. Pierce, Assistant Attorney General, for appellees, Bryan C. D. and Tennessee Department of Children’s Services.

Judge(s): GOLDIN

This is a termination of parental rights case. Upon the trial court’s entry of an order terminating her parental rights, Appellant filed a timely notice of appeal. However, Appellant did not comply with Tennessee Code Annotated Section 36-1-124(d) (Supp. 2016) in that she failed to sign the notice of appeal. Although Appellant attempted to correct the error by filing an amended notice of appeal, the amended notice was filed after the thirty day time period for perfecting appeals had expired. As such, this Court lacks subject-matter jurisdiction to adjudicate the appeal, and it is dismissed with prejudice.