For summaries from opinions prior to August, 2018, view PDF versions here.
In the Interest of T.O., Minor Child
D.O., Mother-Appellant
Attorney for Appellant Mother
Robin L. Himes
Attorney for Appellee State
Michelle R. Becker, Assistant Attorney General
Guardian ad Litem
Craig Elliott
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge. APPEAL DISMISSED. Considered by Greer, P.J., and Schumacher and Badding, JJ. Opinion by Schumacher, J. Special Concurrence by Greer, P.J. (11 pages)
A notice of appeal was filed on behalf of the mother by her counsel. The State moved to dismiss, claiming the court did not have jurisdiction to consider the appeal because the notice of appeal was not signed by the mother. OPINION HOLDS: The notice of appeal did not meet the requirements found in Iowa Rule of Appellate Procedure 6.102(1)(a) to appeal the termination of parental rights. Additionally, the mother did not substantially comply with the requirements of the rule. We determine that we lack jurisdiction to consider the notice of appeal signed only by mother’s counsel and dismiss the appeal. SPECIAL CONCURRENCE ASSERTS: Because we have no path to do otherwise, I concur in the well-written decision of the majority. But I write separately to point out our need for guidance on this important issue—the right to appeal when a parent has been found incompetent in another proceeding and cannot meaningfully engage with their attorney in the termination case.
