In Re: S.W., Appeal of: R.W.
1969 EDA 2021
| Pa. Super. Ct. | Mar 11, 2022Background
- Father (R.W.) appealed the termination of his parental rights and a change in the child’s permanency goal to adoption (orders entered Sept. 10, 2021).
- On Oct. 7, 2021 counsel filed a single notice of appeal purporting to appeal orders on two separate trial-court dockets (dependency and adoption dockets).
- Superior Court issued a Rule to Show Cause under Commonwealth v. Walker for filing one notice from multiple dockets; counsel responded and the rule was discharged.
- Counsel later filed two separate, but untimely, appeals and then moved to withdraw those untimely appeals; counsel also filed an Application for Non-Quashal asserting the e-filing system generated only one EDA number despite timely filing two notices.
- The Superior Court granted withdrawal of the untimely appeals (they were untimely under Pa.R.A.P. 903) but, invoking Pa.R.A.P. 902 and Commonwealth v. Young, remanded to permit counsel to file separate, proper notices of appeal within 14 days because counsel alleged an electronic filing breakdown.
- The Superior Court retained jurisdiction and ordered the limited remand despite expressing skepticism about some of counsel’s factual statements.
Issues
| Issue | Father’s Argument | DHS/Respondent’s Argument | Held |
|---|---|---|---|
| Whether the two late appeals may be withdrawn | Counsel sought withdrawal because the two subsequently filed appeals were untimely and should be dismissed | Untimely appeals cannot proceed; timeliness required by Pa.R.A.P. 903 | Court granted withdrawal of the untimely appeals (untimely under Pa.R.A.P. 903) |
| Whether the original single notice of appeal that referenced two trial-court dockets should be quashed under Walker or remanded under Pa.R.A.P. 902 | Counsel contends two timely notices were filed but e-filing produced only one EDA number — alleging a court-system breakdown; requests non-quashal/remand to cure defect | Walker requires separate notices when orders resolve issues from multiple dockets and such a defect generally warrants quashal | Court declined to quash; remanded under Pa.R.A.P. 902 (and Young) to allow filing of separate notices within 14 days due to asserted filing-system breakdown |
Key Cases Cited
- Commonwealth v. Walker, 185 A.3d 969 (Pa. 2018) (when a single order resolves issues from more than one lower-court docket, separate notices of appeal are required)
- Always Busy Consulting, LLC v. Babford & Company, Inc., 247 A.3d 1033 (Pa. 2021) (addresses consolidation doctrine and its impact on appellate procedure)
- Commonwealth v. Young, 265 A.3d 462 (Pa. 2021) (Rule 902 favors remand to cure defective notices of appeal when appropriate)
- Commonwealth v. Williams, 106 A.3d 583 (Pa. 2014) (discusses appellate remedies for defective appeals and remand considerations)
- In the Interest of S.D. and L.D., 257 A.3d 746 (Pa. Super. 2021) (applies Walker to require separate notices for dependency and adoption dockets)
- In the Matter of M.P., 204 A.3d 976 (Pa. Super. 2019) (supports requirement of separate notices for discrete challenges on different dockets)