Opinion
J-A07020-20 No. 1535 MDA 2019
02-21-2020
IN THE INTEREST OF: K.M.W., A MINOR APPEAL OF: V.W., JR., FATHER
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
Appeal from the Decree Entered August 23, 2019
In the Court of Common Pleas of Dauphin County Orphans' Court at No(s): 13-AD-2019 BEFORE: OLSON, J., DUBOW, J., and McLAUGHLIN, J. MEMORANDUM BY DUBOW, J.:
Appellant, V.W. ("Father"), appeals from the August 23, 2019 Decree that involuntarily terminated his parental rights to K.M.W. ("Child") and changed Child's permanency goal to Adoption. Upon review, we are constrained to quash this appeal pursuant to Commonwealth v. Walker , 185 A.3d 969 (Pa. 2018), and deny counsel's Application to Strike Trial Court Docket Number and to Clarify Notice of Appeal ("Application to Strike").
A detailed recitation of the procedural and factual history is unnecessary to our disposition. On October 9, 2019, Father filed a single Notice of Appeal listing both the dependency and adoption docket numbers (Docket Nos. 13 AD 2019 and CP-22-DP-98-2016). Thereafter, both Father and the trial court complied with Pa.R.A.P. 1925.
Initially, we must address the fact that Father filed a single Notice of Appeal for his appeals at two separate lower court docket numbers. In June 2018, our Supreme Court disapproved of the common practice of filing a single notice of appeal from an order or judgment involving more than one docket number. See generally Walker , supra. The Court observed that "the proper practice under [Pa.R.A.P.] 341(a) is to file separate appeals from an order that resolves issues arising on more than one docket." Walker , 185 A.3d at 977. Accordingly, the Court determined, "[t]he failure to do so requires the appellate court to quash the appeal." Id. See also Matter of M.P., 204 A.3d 976, 981 (Pa. Super. 2019) (holding that when an appellant files a single notice of appeal from two separate dockets-dependency and adoption- Walker compels quashal).
In this case, Father filed a single Notice of Appeal from an order involving two separate docket numbers. Father's appeal postdates the Walker and Matter of MP decisions. Accordingly, we are constrained to quash this appeal.
Appeal quashed. Application to Strike denied.
Judge McLaughlin joins the memorandum.
Judge Olson concurs in result. Judgment Entered. /s/_________
Joseph D. Seletyn, Esq.
Prothonotary Date: 2/21/2020