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C. A. M. (03/16/79)

decided: March 16, 1979.

IN THE INTEREST OF C. A. M., A MINOR. APPEAL OF W. M. AND P. M.


No. 585 April Term, 1978, Appeal from the Order of Court of Common Pleas of Lawrence County, Pennsylvania, at No. 104 of 1977, Juvenile Division.

COUNSEL

Eric A. Rohrbaugh, Neighborhood Legal Services, New Castle, for appellants.

John W. Hodge, New Castle, for appellee C. A. M., a minor.

Charles W. Garbett, Assistant County Solicitor, Ellwood City, for appellee Child Welfare.

Cercone, Wieand and Hoffman, JJ.

Author: Wieand

[ 264 Pa. Super. Page 301]

This is an appeal from a finding of dependency made by the Juvenile Division of the Court of Common Pleas of Lawrence County. The appellants, who are the natural parents of the child, contend that the evidence was insufficient to sustain the court's finding. The child's guardian ad litem contends that a finding of dependency is interlocutory and the parents' appeal premature. We agree and quash the appeal.

In ascertaining what is a final, appealable order, we must look beyond the technical effect of the adjudication to its practical ramifications. An order is final if it "ends the litigation, . . . disposes of the entire case," or "effectively puts the litigant 'out of court.'" T. C. R. Realty, Inc. v. Cox, 472 Pa. 331, 337, 372 A.2d 721, 724 (1977). See also: Feingold v. Bell of Pennsylvania, 477 Pa. 1, 383 A.2d 791 (1977); Bell v. Beneficial Consumer Discount Company, 465 Pa. 225, 348 A.2d 734 (1975).

The Juvenile Act of December 6, 1972, P.L. 1464, No. 333, § 23, as amended, 11 P.S. § 50-320,*fn1 which was applicable when the finding of dependency was made, provided in pertinent part as follows:

"(a) After hearing the evidence on the petition the court shall make and file its findings as to whether the child is a dependent child . . . .

(c) If the court finds from clear and convincing evidence that the child is dependent, the court shall proceed

[ 264 Pa. Super. Page 302]

    immediately or at a postponed hearing, which shall occur not later than twenty days after adjudication if the child has been removed from his ...


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