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IN RE M.I.W.

No. 148PA11.

722 S.E.2d 469 (2012)

In the Matter of M.I.W.

Supreme Court of North Carolina.

January 27, 2012.

Attorney(s) appearing for the Case

Duncan B. McCormick and E. Marshall Woodall , Lillington, for petitioner-appellee Harnett County Department of Social Services.

Robin E. Strickland , Raleigh, for respondent-appellant mother.

Ryan McKaig , Raleigh, for respondent-appellant father.

Pamela Newell , Raleigh, Guardian ad Litem Appellate Counsel, on behalf of the minor child-appellee.

NEWBY, Justice.

This case asks whether, under the Juvenile Code, a trial court has subject matter jurisdiction to terminate parental rights when the motion to terminate was filed while an appeal in the case was pending but the court acted on the motion only after the mandate resolving the appeal had been issued. We hold that N.C.G.S. § 7B-1003 prohibits only the exercise of jurisdiction before issuance of the mandate and that issuance of the mandate by the appellate...

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