The People of the State of South Dakota, ex rel. South Dakota Department of Social Services, in the Interests of L.R. and T.W., Minor Children and Concerning A.W. and T.R.

Summary

The South Dakota Supreme Court considered whether a circuit court could amend a final dispositional order with a new date to permit a timely appeal after an earlier appeal had been dismissed as untimely. The court held that the minor corrections in the amended order did not create a new final order or restart the appeal period, and it dismissed the appeal as untimely.

Holdings

1. An amended final order does not restart the time for appeal when its revisions are immaterial and do not change matters of substance, resolve a genuine ambiguity, or disturb or revise legal rights and obligations that were finally settled by the prior judgment.
2. A.W.'s third appeal was untimely because the amended dispositional order did not create a new final order or restart the period for appeal.

Questions Presented

1. Whether a circuit court may amend a final order with a new date to permit a new, timely notice of appeal after the Supreme Court has dismissed an earlier appeal as untimely.
2. Whether the amendments to the dispositional order were substantive or resolved a genuine ambiguity so as to restart the time for appeal.

Disposition

dismissed