In Re J. H. - Supreme Court of South Dakota

In Re J. H.

By Supreme Court of South Dakota

  • Release Date: 2009-06-10
  • Genre: Law

Description

Mother appeals from a judgment "establishing dependency jurisdiction and disposition" with respect to her daughter. In response to this courts order to show cause why the appeal should not be dismissed on the ground that the notice of appeal was not timely filed, mother has moved for leave to pursue an otherwise untimely appeal. Specifically, she urges the court to extend the rationale of State ex rel SOSCF v. Hammons, 169 Or App 589, 10 P3d 310 (2000), to dependency "jurisdiction/disposition" cases, such as this one, where mothers court-appointed trial counsel failed to file a timely notice of appeal and mother would be left without a remedy if the case is not considered by this court. For the reasons explained below, we conclude that Hammons cannot properly be extended to this context. Accordingly, we deny mothers motion and dismiss the appeal.