Brown County v. Edward C.T.

579 N.W.2d 293, 218 Wis. 2d 160, 1998 Wisc. App. LEXIS 425

• Court: Court of Appeals of Wisconsin
• Decided: March 31, 1998
• Docket: 98-0075-NM
• Status: Published

Opinion

PER CURIAM.

Counsel for Edward C.T. has filed a no merit report from an order terminating Edward's parental rights. This court required the no merit report to address the applicability of the no merit procedure to a TPR appeal. 1 We conclude that a no merit report may be filed in a TPR appeal within the times set by § 809.107, Stats.

In Christopher D. v. Franklin, 191 Wis. 2d 680, 699-700, 530 N.W.2d 34, 41-42 (Ct. App. 1995), responding to an equal protection argument that a parent should have a longer time to appeal a TPR order because he would have 180 days in a no merit appeal, this court held that Rule 809.32, Stats., (no merit reports) does not apply to TPR appeals. That language should not be construed to preclude the filing of a no merit report in a TPR case. Rather, the generous time limits imposed by Rule 809.32, Stats., have been superseded by § 809.107, Stats., in TPR cases. A no merit report may be filed where, as here, the notice of intent and notice of appeal were timely filed under § 809.107(2) and (5), Stats., and the no merit report was filed within the time set for filing the appellant's brief under § 809.107(6)(a), Stats.

Upon the timely filing of a no merit report, this court will allow ten days for the parent to file a response to the report. This time is consistent with the time for filing a respondent's brief under § 809.107(6)(b), Stats. The thirty-day response time set by Rule 809.32, Stats., has been superseded by the shorter deadlines imposed by § 809.107, Stats. Christopher D., 191 Wis. 2d at 700, 530 N.W.2d at 42.

By the Court. — Jurisdiction confirmed.

1 The merits of the TPR appeal will be decided by separate order.