Date: 11-20-2024

Case Style:

In the Matter of the Adoption of A.M.F. , M.F. and K.F. Petitioners v. H.S.S.

Case Number: 23AP00459

Judge: Susie L. Norby

Court: Circuit Court Clackamas County, Orehoma

Plaintiff's Attorney:

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Defendant's Attorney:

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Description:

Oregon City, Oregon family law lawyers represented the parties in an adoption contest.

Mother moves for leave to pursue an otherwise untimely appeal from a general judgment of adoption entered in a stepparent adoption, see ORS 109.276, that terminated mother's parental rights to her daughter, A, without her consent.[1] As explained below, we conclude that mother's court-appointed counsel provided inadequate assistance in filing the notice of appeal, and we allow mother's motion to file a late appeal to remedy that inadequacy.

Generally, the timely filing of a notice of appeal is a prerequisite to appellate jurisdiction. See ORS 19.270. The time to file a notice of appeal from a judgment of adoption under ORS chapter 109 is governed by ORS 19.255(1), which requires a notice of appeal to be filed within 30 days after entry of the judgment in the trial court register. See A. M. v. N. E. D., 287 Or.App. 36, 38, 400 P.3d 1036 (2017) (observing that the "legislature has not provided a specific statute for appeals in adoption proceedings" and that the general appeals statute, ORS 19.255, therefore governs).
M. F. v. H. S.-S. (In re A. M. F.), 336 Or.App. 256, A184828 (Or. App. Nov 20, 2024)

Outcome: "Mother's motion for leave to file a late appeal is granted." M. F. v. H. S.-S.

Plaintiff's Experts:

Defendant's Experts:

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