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In re I.M.S.

Pennsylvania Superior Court

December 15, 2021

The Pennsylvania Superior Court reversed the trial court’s decision to deny Mother’s request for reinstatement of her appellate rights nunc pro tunc. The trial court terminated Mother’s parental rights. On the same date, the court entered a juvenile court order that changed the child’s permanent placement goal from reunification to adoption. Mother’s attorney filed notices of appeal one day after the expiration of the respective thirty-day appeal periods. Counsel then petitioned to file nunc pro tunc appeals. The trial court denied the request, Mother appealed, and the Superior Court reversed. The Court ruled, “In this situation, where appointed counsel failed to file the requested appeal and the nunc pro tunc request was promptly filed, Mother was entitled to relief virtually as of right”.

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