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Chandler v. Rohner

The trial court erred in dismissing the biological father's appeal from the grant of the stepfather's petition to adopt the two minor children without giving the biological father the opportunity to respond to the stepfather's amended motion to dismiss.

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This is an appeal from the lower court’s dismissal of a biological father’s appeal from a grant of stepparent adoption. For the reasons that follow, we vacate the trial court’s order and remand the case for further proceedings consistent with this opinion.

Appellant Matthew Steven Chandler is the biological father hereinafter “Biological Father” of two minor boys. The mother’s husband, appellee Timothy Stewart Rohner hereinafter “Adoptive Father”, petitioned for stepparent adoption, which the trial court granted in a detailed and substantive order. Biological Father appealed the adoption to this Court in June 2014, but in September 2014, Adoptive Father moved to dismiss the appeal because Biological Father had failed to pay costs for transmission of the record and transcript to this Court. The trial court held a hearing on September 11, 2014.

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