In re M.I.W.

The trial court entered a disposition order awarding full custody of Child to the Department of Social Services (DSS). Child's mother and father (Respondents) appealed. While Respondents' appeals of the disposition order were pending, DSS filed a motion to terminate Respondents' parental rights. Respondents moved to dismiss the motion, alleging a lack of subject matter jurisdiction. The court of appeals subsequently affirmed the trial court's disposition order. Thereafter, the trial court denied Respondents' motions to dismiss the termination motion. The trial court then terminated Respondents' parental rights. The court of appeals affirmed, holding that, although the termination motion was filed by DSS during the pendency of the appeal from the disposition order, the trial court had subject matter jurisdiction over the motion. The Supreme Court affirmed, holding (1) N.C. Gen. Stat. 7B-1003 prohibits only the exercise of jurisdiction before issuance of the mandate and that issuance of the mandate by the appellate court returns the power to exercise subject matter jurisdiction to the trial court; and (2) because the trial court here did not exercise jurisdiction before the mandate's issuance, Respondents' parental rights were properly terminated.