Opinion
J-S57029-14 No. 638 EDA 2014 No. 639 EDA 2014 No. 640 EDA 2014
12-31-2014
IN THE INTEREST OF: T.S.A., A MINOR APPEAL OF: J.B., MOTHER IN THE INTEREST OF: D.K.R., A MINOR APPEAL OF: J.B., MOTHER IN THE INTEREST OF: T.M.A., A MINOR APPEAL OF: J.B., MOTHER
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Decree January 15, 2014
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): CP-51-AP-0000727-2013 CP-51-DP-0001514-2012
Appeal from the Decree January 15, 2014
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): CP-51-AP-0000728-2013 CP-51-DP-0001512-2012
Appeal from the Decree January 15, 2014
In the Court of Common Pleas of Philadelphia County
Family Court at No(s): CP-51-AP-0000729-2013 CP-51-DP-0001513-2012
BEFORE: DONOHUE, J., MUNDY, J., and STABILE, J. JUDGMENT ORDER BY MUNDY, J.:
J.B. (Mother), appeals from the January 15, 2014 decrees involuntarily terminating her parental rights and the concurrent orders changing the permanency goals to adoption with respect to her sons, D.K.R., born in August 2006, and T.M.A., born in September 2009, and her daughter, T.S.A., born in June 2012 (collectively, the Children). After careful review, we quash these appeals.
We observe that the trial court sent the certified record to this Court more than one month past the date it was due. Therefore, despite diligence by this Court, the processing of this appeal has been delayed.
Before we may address the merits of Mother's appeal, we must first determine whether this appeal is properly before us. We may raise issues concerning our appellate jurisdiction sua sponte. Commonwealth v. Patterson , 940 A.2d 493, 497 (Pa. Super. 2007), appeal denied, 960 A.2d 838 (Pa. 2008). In order to invoke our appellate jurisdiction, Pennsylvania Rule of Appellate Procedure 903 requires that all "notice[s] of appeal ... shall be filed within 30 days after the entry of the order from which the appeal is taken." Pa.R.A.P. 903(a). Since this filing period is jurisdictional in nature, it must be strictly construed and "may not be extended as a matter of indulgence or grace." Commonwealth v. Pena , 31 A.3d 704, 706 (Pa. Super. 2011) (citation omitted).
Our Supreme Court has held that "an order terminating or preserving parental rights ... shall be deemed final when entered." In re H.S.W.C.-B., 836 A.2d 908, 911 (Pa. 2003).
We note "[s]ince the Rules of Appellate Procedure apply to criminal and civil cases alike, the principles enunciated in criminal cases construing those rules are equally applicable in civil cases." Lineberger v. Wyeth , 894 A.2d 141, 148 n.4 (Pa. Super. 2006), citing Kanter v. Epstein , 866 A.2d 394, 400 n.6 (Pa. Super. 2004), appeal denied, 880 A.2d 1239 (Pa. 2005).
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In the case sub judice, the trial court entered its final decrees terminating Mother's parental rights to the Children and orders changing the permanency goal to adoption on Thursday, January 15, 2014. The trial court's docket indicates that notices of entry of all of the decrees and orders were served on Mother by hand delivery on that same day. See generally Pa.R.C.P. 236 (directing the prothonotary to immediately provide each party and/or counsel with notice of the entry of an order, and to note the same in the docket). As a result, Mother's notices of appeal were due on Friday, February 14, 2014. Mother's notices of appeal were all filed on Tuesday, February 18, 2014, 34 days after the decrees were entered and docketed.
Based on the foregoing, we conclude that Mother's notices of appeal were untimely filed, as they were not filed within 30 days of the final decrees terminating Mother's parental rights to the Children, or of the orders changing the permanency goal to adoption. Accordingly, we conclude we are without jurisdiction, and quash these appeals.
Appeals quashed. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/31/2014