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In the Interest of G.B., Minor Child
E.V., Mother-Appellant
Attorney for Appellant Mother
Alexander S. Momany
Attorney for Appellee State
Tamara Knight, Assistant Attorney General
Guardian ad Litem
Julie F. Trachta
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Linn County, Cynthia S. Finley, Judge. AFFIRMED. Considered by Schumacher, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (9 pages)
A mother appeals the termination of her parental rights under Iowa Code section 232.116. She argues we should exercise jurisdiction over this appeal despite her original notice of appeal being filed in the wrong case and the proper notice being filed late. On the merits, she contends that the statutory exception under Iowa Code section 232.116(3) should have precluded termination because a relative has custody of her daughter. OPINION HOLDS: We have appellate jurisdiction because this is a proper delayed appeal. The mother intended to timely appeal, she was blameless for counsel’s filing misstep, and the delayed filing of the proper notice did not delay the rest of the appellate process. On the merits, we agree with the district court that the permissive statutory exception is not a basis here to deny termination.
