ILNews

Court holds order is not a final action

Back to TopCommentsE-mailPrint

The Indiana Court of Appeals has dismissed an appeal from a father, holding that an order regarding an adoption petition is not a final judgment.

In In Re the Adoption of S.J., R.W. v. G.C. and J.C., No. 04A03-1110-AD-449, R.W., the biological father of S.J., appealed an order that stated his consent was not required for his stepsister and her husband to adopt S.J.

S.J. was born out of wedlock to mother B.R.L. in May 2005. Although R.W. has not legally established paternity, mother and father agree that R.W. is S.J.’s biological father.

R.W.’s stepsister, J.C., and her husband, G.C., were appointed as S.J.’s legal guardians in 2008 and have had continued custody of S.J. since that time. J.C. and G.C. filed a petition to adopt S.J. on June 15, 2011. Father filed his “Motion to Contest Adoption” on July 8, 2011. On Sept. 2, 2011, the trial court held a hearing on the issue of whether R.W.’s consent to the adoption was required. On Sept. 2, 2011, the trial court issued an order concluding that R.W.’s consent to the adoption was not required. The court also indicated that if all other statutory requirements were met, the petition may proceed to a final hearing.

R.W. appealed, but the COA held that the order from which R.W. appealed is neither a final judgment nor an appealable interlocutory order and therefore dismissed the appeal sua sponte.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT