In re S.D.H., ___ N.C. App. ___ (November 5, 2024)
Held:
Vacated and Remanded
- Facts: Respondent-Father appeals the disposition portion of a TPR order arguing that the trial court abused its discretion by ruling on disposition without receiving evidence from the children’s GAL. Father timely filed his notice of appeal and amended notice of appeal. The amended notice did not comply with Appellate Rule 3 by failing to designate the TPR order appealed. Father petitioned the court for writ of certiorari, which was granted.
- A writ of certiorari is not intended to be a substitute for a notice of appeal. It may only issue if the petitioner can show merit to their argument that the trial court erred and 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 9 (citation omitted).
- PWC is allowed to aid in the court’s jurisdiction. The court found merit to Father’s argument that the court failed to comply with statutory mandates regarding the duties of a GAL, and that error could result in substantial harm to both Father’s fundamental parental rights and the juveniles.
Category:
Termination of Parental RightsStage:
AppealTopic:
Writ of Cert.