In Re Adoption of SJ
967 N.E.2d 1063
Ind. Ct. App.2012Background
- S.J. was born in 2005 out of wedlock; Father is S.J.'s biological father though paternity not legally established.
- S.J.'s guardians J.C. and G.C. filed a petition to adopt S.J. on June 15, 2011; Father contested adoption.
- Trial court held a hearing on September 2, 2011 to determine whether Father's consent was required.
- On September 9, 2011 the court ruled that Father's consent was not required but reserved final adjudication on the adoption petition.
- The court indicated the petition could proceed to a final hearing if all statutory requirements were met; no final adoption order was entered.
- Father appealed, but the appellate court dismissed sua sponte for lack of a final or appealable interlocutory order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the September 9, 2011 order a final judgment? | Father argues the order disposes of all issues as to all parties. | Petitioners argue the order does not resolve the petition or grant/deny adoption. | No final judgment under Rule 2(H)(1). |
| Is the order an appealable interlocutory order under Rule 14? | Father contends interlocutory appeal is available under Rule 14. | Petitioners contend it is not an appealable interlocutory order. | Not appealable under Rule 14. |
| Does Trial Rule 54(B) apply to make the order final? | Father relies on possible 54(B) finality language to certify no just reason for delay. | Petitioners argue 54(B) is not satisfied because there was no express direction for entry of judgment. | 54(B) not satisfied; no finality. |
Key Cases Cited
- Martin v. Amoco Oil Co., 696 N.E.2d 383 (Ind. 1998) (bright-line rule for finality of partial judgments)
- Bueter v. Brinkman, 776 N.E.2d 910 (Ind. Ct. App.2002) (final judgment disposes all issues as to all parties)
- Georgos v. Jackson, 790 N.E.2d 448 (Ind.2003) (subject-matter jurisdiction hinges on finality)
- Forman v. Penn, 938 N.E.2d 287 (Ind. Ct. App.2010) (strict adherence to Rule 54(B) for finality)
- Bacon v. Bacon, 877 N.E.2d 801 (Ind. Ct. App.2007) (interlocutory appeal rules require proper grounds and certification)