Taylor, Matter of
| Decision Date | 04 May 1982 |
| Docket Number | No. 8112DC701,8112DC701 |
| Citation | 290 S.E.2d 797,57 N.C.App. 213 |
| Court | North Carolina Court of Appeals |
| Parties | In the Matter of Richard TAYLOR. |
Atty. Gen. Rufus L. Edmisten, Raleigh, by Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for the State.
Asst. Public Defender Staples Hughes, Fayetteville, for respondent-appellant.
We hold the respondent's appeal is premature and order that it be dismissed.
G.S. 7A-666 provides:
"Upon motion of a proper party as defined in G.S. 7A-667, review of any final order of the court in a juvenile matter under this Article shall be before the Court of Appeals. Notice of appeal shall be given in open court at the time of the hearing or in writing within 10 days after entry of the order. However, if no disposition is made within 60 days after entry of the order, written notice of appeal may be given within 70 days after such entry. A final order shall include:
(1) Any order finding absence of jurisdiction;
(2) Any order which in effect determines the action and prevents a judgment from which appeal might be taken;
(3) Any order of disposition after an adjudication that a juvenile is delinquent, undisciplined, abused, neglected, or dependent; or
(4) Any order modifying custodial rights."
We believe that under this section of the statute an adjudication of delinquency is not a final order. No appeal may be taken from such order unless no disposition is made within 60 days of the adjudication of delinquency. In the instant case the respondent is attempting to appeal from an adjudication of delinquency eight days after the adjudication when no disposition has been made. This he cannot do.
Appeal dismissed.
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In re M.L.T.H.
...may be taken from such order unless no disposition is made within 60 days of the adjudication of delinquency." In re Taylor, 57 N.C.App. 213, 214, 290 S.E.2d 797, 797 (1982). In Taylor, the juvenile attempted to appeal the adjudication order eight days after its entry and no disposition had......
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In re D.K.
...104, 107 (2011) (quoting N.C. Gen. Stat. § 7B-2602 ). "[A]n adjudication of delinquency is not a final order." In re Taylor , 57 N.C. App. 213, 214, 290 S.E.2d 797, 797 (1982) ; see also N.C. Gen. Stat. § 7B-2602."While N.C. Gen. Stat. § 7B-2602 permits oral notice of appeal at the hearing,......
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In the Matter of A.J. M.–b.
...” and is therefore not appealable. In re M.L.T.H., 200 N.C.App. 476, 481, 685 S.E.2d 117, 121 (2009) (quoting In re Taylor, 57 N.C.App. 213, 214, 290 S.E.2d 797, 797 (1982)); see also N.C. Gen.Stat. § 7B–2602. In juvenile delinquency cases, appeal may only be taken from final orders, includ......
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In re JLW
...may be taken from such order unless no disposition is made within 60 days of the adjudication of delinquency." In re Taylor, 57 N.C.App. 213, 214, 290 S.E.2d 797, 797 (1982). Here, J.L.W. filed his notice of appeal on 15 October 1998, only ten days after his adjudication and before any disp......