Numanovic v. Jones

The Court of Appeals lacked jurisdiction to hear the appellant's direct appeal of the denial of his petition for legitimation and termination of his parental rights, as he should have followed discretionary appeal procedures.

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Appellees Joseph and Kara Jones filed a petition to adopt a minor child, J. J., in the Superior Court of Hart County. Appellant Adis Numanovic filed a petition for legitimation in that same action, which the trial court denied as untimely. Several months later, the trial court entered a final order granting the Jones’ petition to adopt. Numanovic filed a direct appeal from that final adoption order, seeking review of the order denying his petition for legitimation and the termination of his parental rights. The Jones’ filed a motion to dismiss Numanovic’s appeal, arguing that the notice of appeal was untimely as to the order denying legitimation and that a discretionary application was required. Because we lack jurisdiction, this appeal is dismissed.

The record shows that J. J. was born on July 6, 2011. The biological mother executed documents surrendering her parental rights to the Joneses, the prospective adoptive family. The mother also executed an affidavit identifying the biological father of the child as Numanovic. On July 18, 2011, the Jones’ initiated a proceeding to adopt J. J. and served Appellant with notice of the petition via a certified process server on July 19, 2011. On August 15, 2011, Numanovic, pro se, filed a responsive pleading that did not include a petition for legitimation or a notice of filing such petition, but instead stated that he “would proceed” to file a petition for legitimation and that he objected to the adoption of J. J. Appellant then obtained counsel and, on October 5, 2011, filed a petition for legitimation within the same civil action proceeding as the Jones’ adoption petition. The trial court then denied Appellant’s petition for legitimation and further ordered that Appellant was “denied from objecting to the Jones’ petition for adoption of the child.” The trial court further denied Appellant’s motion for reconsideration of that ruling. The trial court then entered a final order of adoption on January 13, 2012. Appellant filed the instant notice of appeal on January 18, 2012.

Numanovic v. Jones

The Court of Appeals lacked jurisdiction to hear the appellant's direct appeal of the denial of his petition for legitimation and termination of his parental rights, as he should have followed discretionary appeal procedures.

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