J-S41042-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN RE: RELINQUISHMENT OF B.L., A : IN THE SUPERIOR COURT OF
MINOR : PENNSYLVANIA
:
:
APPEAL OF: J.L., FATHER :
:
:
:
: No. 595 MDA 2019
Appeal from the Order Entered December 31, 2018
In the Court of Common Pleas of Lackawanna County Orphans' Court at
No(s): A-30-2017
BEFORE: LAZARUS, J., MURRAY, J., and STRASSBURGER, J.*
DISSENTING STATEMENT BY LAZARUS, J.: FILED OCTOBER 29, 2019
I respectfully dissent. I would remand for compliance with this Court’s
order of December 3, 2018.
In our December 3, 2018 order, this Court vacated the order terminating
Father’s parental rights and remanded for the determination of whether a
conflict existed between child’s legal interests and best interests. As the
majority has noted, “the orphans’ court and the GAL seemingly did nothing to
address this Court’s concerns at the remand hearing on December 27, 2018.”
Majority Memorandum, at 3 n.5. Significantly, the majority states “[t]he
failure of the orphans’ court and the GAL to address our concerns is
particularly problematic because the testimony presented at the termination
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-S41042-19
hearing on November 16, 2017, is suggestive of a potential conflict of
interest.” Id. I disagree with the Majority’s suggestion that this Court’s
decision in In re Adoption of K.M.G., 2019 PA Super 281 (Pa. Super. filed
Sept. 13, 2019) (en banc), precludes us from enforcing a remand order that
was entered prior to the K.M.G. decision.
A trial court has “an obligation to comply scrupulously, meticulously,
and completely with an order of [the appellate court] remanding a case to the
trial court.” Carmen Enterprises, Inc. v. Murpenter, LLC, 185 A.3d 380,
389 (Pa. Super. 2018) (citation omitted). See Agostinelli v. Edwards, 98
A.3d 695 (Pa. Super. 2014) (on remand, trial court must strictly comply with
mandate of appellate court). In my opinion, the trial court’s failure to comply
with our remand order requires remand once again.
-2-