In the Matter of the Adoption of A.K.G., P.S. v. J.M. (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: October 30, 2019
• Docket: 19A-AD-990
• Status: Published

Opinion

MEMORANDUM DECISION FILED Pursuant to Ind. Appellate Rule 65(D), Oct 30 2019, 9:08 am this Memorandum Decision shall not be regarded as precedent or cited before any CLERK Indiana Supreme Court Court of Appeals court except for the purpose of establishing and Tax Court

the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEY FOR APPELLEE Mark S. Lenyo Mark F. James South Bend, Indiana Anderson, Agostino & Keller P.C. South Bend, Indiana

IN THE COURT OF APPEALS OF INDIANA

In the Matter of the Adoption of October 30, 2019 A.K.G.; Court of Appeals Case No. 19A-AD-990 P.S., Appeal from the St. Joseph Probate Appellant, Court v. The Honorable Barbara J. Johnston, Magistrate J.M., Trial Court Cause No. 71J01-1808-AD-114 Appellee.

Najam, Judge.

Statement of the Case [1] P.S. (“Father”) appeals the trial court’s order denying Father’s motion to

contest the adoption petition filed by J.M. (“Stepfather”). Father presents three

Court of Appeals of Indiana | Memorandum Decision 19A-AD-990 | October 30, 2019 Page 1 of 3 issues for our review. However, because we are without jurisdiction to consider

this appeal, we do not reach the merits. Thus, we dismiss.

Facts and Procedural History [2] On August 13, 2018, Stepfather filed a petition to adopt his stepdaughter

A.K.G. (“Child”). On September 6, Father filed a motion to contest the

adoption. Following an evidentiary hearing on “the adoption petition and

[Father’s] objection thereto” on March 29, the trial court “approved” the

adoption petition and denied Father’s motion to contest the adoption on April

3, 2019. Appellant’s App. Vol. 2 at 36. However, the court scheduled the

adoption petition for a “final hearing” to be held on May 13. Id. Accordingly,

the court’s April 3 order denying Father’s motion to contest the adoption was

an interlocutory order. This appeal ensued.

Discussion and Decision [3] In his notice of appeal, Father purports to appeal from a final judgment.

However, the trial court’s order denying his motion to contest the adoption did

not dispose of “all claims as to all parties.” Ind. Appellate Rule 2(H). Rather,

because the final hearing on the adoption petition had been scheduled for May

13, the court’s April 3 order was an interlocutory order. Father did not seek

certification of the order pursuant to Indiana Appellate Rule 14(B), and the

order is not appealable as a matter of right under Appellate Rule 14(A).

[4] “‘It is the duty of this Court to determine whether we have jurisdiction before

proceeding to determine the rights of the parties on the merits.’” DuSablon v.

Court of Appeals of Indiana | Memorandum Decision 19A-AD-990 | October 30, 2019 Page 2 of 3 Jackson County Bank, ___ N.E.3d ___, No. 18A-MI-2259, 2019 WL 4582946, at

*5 (Ind. Ct. App. Sept. 23, 2019) (quoting Allstate Ins. Co. v. Scroghan, 801

N.E.2d 191, 193 (Ind. Ct. App. 2004), trans. denied). Jurisdiction is a question

of law we review de novo. Id. Here, the order from which Father appeals is

neither a final judgment nor an appealable interlocutory order. And, in

response to this Court’s Order to Show Cause, Father acknowledged that the

final adoption hearing has not been held to date. This Court is, therefore,

without subject matter jurisdiction to consider the merits of Father’s appeal. See

R.W. v. G.C. (In re Adoption of S.J.), 967 N.E.2d 1063, 1066 (Ind. Ct. App. 2012)

(dismissing appeal from order denying motion to contest adoption where final

adoption hearing had not yet been held).

[5] Dismissed.

Bailey, J., and May, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-AD-990 | October 30, 2019 Page 3 of 3