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In Re Smith

OPINION FILED JANUARY 16, 1980.

IN RE ANDREA SMITH, A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

MARTIN SMITH ET AL., RESPONDENTS-APPELLANTS.)



APPEAL from the Circuit Court of Champaign County; the Hon. ROBERT J. STEIGMANN, Judge, presiding.

MR. PRESIDING JUSTICE MILLS DELIVERED THE OPINION OF THE COURT:

A question of appealability.

We must dismiss.

This appeal is from an adjudication of wardship after a finding of neglect. The parents contend that the evidence presented at the adjudicatory hearing was insufficient to support the finding of neglect.

• 1 We cannot address that issue, however, because notice of appeal was not timely filed. Without such notice, we are without jurisdiction to entertain the appeal.

Here's what the record reveals:

Adjudicatory order — August 2, 1978

Dispositional order — November 15, 1978

Notice of appeal — February 28, 1979

Motion to file late notice of appeal — April 2, 1979

The State has objected to the motion to file a late notice of appeal on the basis that it was not timely filed and moved to dismiss the appeal. We conclude that the State's motion is absolutely correct and should be granted.

Supreme Court Rule 660(b) provides that, unless otherwise specifically provided, proceedings under the Juvenile Court Act concerning neglected minors are to be governed by the rules applicable to civil cases. (Ill. Rev. Stat. 1977, ch. 110A, par. 660(b).) The rules applicable to civil cases normally require appeals to be from final judgment. Ill. Rev. Stat. 1977, ch. 110A, par. 303.

• 2 In juvenile cases, an adjudication of wardship is generally not a final appealable order. It is the dispositional order from which an appeal lies. (In re Lee (1979), 73 Ill. App.3d 449, 392 N.E.2d 304.) However, where the dispositional order has not been entered within 90 days of the adjudication of wardship, an appeal may be taken from the adjudicatory order. (Ill. Rev. Stat. 1977, ch. 110A, par. 662(a).) In such a case, the notice of appeal "shall be filed within 30 days after the expiration of the 90 days specified in this rule and not thereafter." Ill. Rev. Stat. 1977, ch. 110A, par. 662(c).

• 3 In the case before us, more than 90 days had passed between the adjudication of wardship (August 2, 1978) and the entry of a dispositional order (November 15, 1978). That being so, Supreme Court Rule 662 was then triggered and the notice of appeal from the adjudicatory order had to have been filed within 30 days of the ...


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