A.M. v. N.E.D.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 07-26-2017
  • Case #: A163753
  • Judge(s)/Court Below: Lagesen, J. for the Court; Egan, P.J.; & Schuman S.J.
  • Full Text Opinion

Under ORS 19.205, prejudgment orders granted pursuant ORS 109.324(1) are not appealable.

Mother appealed an order allowing the adoption to proceed without Mother’s consent. Mother assigned error to the trial court’s determination that Mother willfully neglected child, A, for the preceding year. This finding was necessary for an adoption to proceed despite Mother’s objection. See ORS 109.324(1). Under ORS 19.205(2), a prejudgment order may be appealed if it “affects a substantial right, and that effectively determines the action so as to prevent a judgment in the action.” The Court of Appeals held that its holding in Gastineau v. Harris, 121 Or App 67, 70, rev den, 317 Or 583 (1993), clearly indicated that orders authorized under 109.324(1) were not appealable under ORS 19.205 because the pre-judgment order didn’t in effect grant the adoption.  The Court reasoned that Mother’s proper appellate route is to appeal the final judgment of adoption, not the pre-judgment order issued under ORS 109.324(1).  Appeal dismissed.  

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