Adoption of: A.A., Appeal of: M.C. ( 2020 )

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: THE ADOPTION OF: A.A., A : IN THE SUPERIOR COURT OF
MINOR CHILD : PENNSYLVANIA
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APPEAL OF: M.C., NATURAL MOTHER :
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: No. 1372 WDA 2019
Appeal from the Order Entered May 3, 2019
In the Court of Common Pleas of Washington County Orphans' Court at
No(s): No. 63-018-1275
BEFORE: SHOGAN, J., OLSON, J., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY OLSON, J.: FILED FEBRUARY 14, 2020
Appellant, M.C. (“Mother”), appeals from the order entered on May 3,
2019, terminating her parental rights to her minor child, A.A. (“Child”). Upon
review, we are constrained to quash this appeal.
The record reveals the following chronology of events. On October 22,
2018, J.A. (“Father”) and his wife, N.A. (“Adoptive Mother”), filed a petition
for involuntary termination of Mother’s parental rights and a report of intention
to adopt. The initial termination hearing took place on March 25 and 26, 2019.
“On March 26, 2019, following a full day of testimony, the [trial] court
scheduled two additional hearings for April 26 and 30, 2019 to hear further
testimony.” Trial Court Opinion, 9/21/19, at 5. Ultimately, on May 3, 2019,
the trial court entered an order terminating Mother’s parental rights. Trial
Court Order, 5/3/19, at 1-2.
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On that same day, Mother filed a motion for reconsideration, a request
for an extension of time to file an appeal, and a request to appoint new
counsel. On May 8, 2019, the trial court denied Mother’s motion for
reconsideration, but granted her request for an extension of time to file an
appeal and to appoint new counsel. Trial Court Order, 5/8/19, at 1. New
counsel was appointed on June 20, 2019, and “was given until July 20, 2019
to perfect the appeal.” Trial Court Opinion, 9/21/19, at 5. On July 31, 2019,
the trial court granted Mother another “extension” of time to file an appeal.
Id. Mother filed a notice of appeal on September 5, 2019,1 more than 120
days from the entry of the final order challenged on appeal.
Before reaching the merits of Mother’s claim, we must address the
timeliness of this appeal. Timeliness of an appeal concerns our appellate
jurisdiction, which we may raise sua sponte. Commonwealth v. Andre, 17
A.3d 951, 957–958 (Pa. Super. 2011). A notice of appeal must be “filed within
30 days after entry of the order from which the appeal is taken.” Pa.R.A.P.
903(a). “Trial courts . . . do not have the jurisdiction or power to extend or
obviate the time in which an appeal may be lodged in [] appellate courts.”
Reading Anthracite Co. v. Rich, 577 A.2d 881, 886 (Pa. 1990); see also
Commonwealth v. Pena, 31 A.3d 704, 706 (Pa. Super. 2011) (explaining
that, because this filing period is jurisdictional in nature, it must be strictly
construed and “may not be extended as a matter of indulgence or grace”).
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1Mother also included a concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(a)(2)(i).
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Herein, on May 3, 2019, Mother filed a request for an extension of time to file
an appeal. The trial court granted Mother’s request and then provided two
additional “extensions,” noting that counsel “was still waiting on transcripts.”
Trial Court Opinion, 9/21/19, at 5. The trial court, however, erred in granting
the extension requests as it lacked the power to extend the time for Mother
to file her notice of appeal.2 See Reading Anthracite Co., 577 A.2d at 886.
Because Mother did not file her notice of appeal until September 5, 2019, 125
days after entry of the May 3, 2019 order and 94 days after the time for filing
a notice of appeal passed, her appeal is manifestly untimely. See 1 Pa.C.S.A.
§ 1908. We therefore lack jurisdiction and are precluded from addressing the
merits of Mother’s claim. Accordingly, we quash this appeal.
Appeal quashed.
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2 In a children’s fast track appeal such as this, the concise statement of errors
complained of on appeal (“concise statement”) must be filed and served with
the notice of appeal. Pa.R.A.P. 1925(a)(2)(i). Upon receipt of the notice of
appeal and the concise statement, if the reasons for the order on appeal do
not already appear of record, the trial court shall within 30 days file “a brief
opinion of the reasons for the order, or for the rulings or other errors
complained of, which may, but need not, refer to the transcript of the
proceedings”. Pa.R.A.P. 1925(a)(2)(ii). If a transcript is necessary to develop
the concise statement, an appellant may file an application with the trial court
requesting permission to file an amended or supplemental concise statement
once the transcript is obtained. Pa.R.A.P. 1925(b)(2). In light of these rules,
counsel for Appellant erred in requesting, and the trial court erred in granting,
extensions of time to file the notice of appeal and the concise statement.
Instead, Appellant was required to file the notice of appeal and concise
statement within 30 days of the entry of the termination order. Once the
appeal was perfected, Appellant could have requested, and the trial court
could have granted, additional time to supplement the concise statement once
the transcript was obtained.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/14/2020
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