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In re Olivia M.
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MAINE SUPREME JUDICIAL COURT Reporter of Decisions
Decision: 2002 ME 7
Docket: Pen-01-574
Submitted
on Briefs: December 20, 2001
Decided: January 16, 2002
Panel:SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.
IN RE OLIVIA M.
PER CURIAM
[¶1] The parents of Olivia M. appeal from orders of the District Court
(Newport, MacMichael, J.) that denied their motions to (1) vacate a prior
termination of parental rights (TPR) order, and (2) amend the findings and
judgment relative to that TPR order. The parents argue, essentially, that the
termination order, entered July 27, 1999, should be reopened.
[¶2] On July 27, 1999, the court entered an order terminating
parental rights. We affirmed that order, In re Olivia M., Mem-00-54, on
April 18, 2000. After the affirmance of the termination order, the child
protective proceeding continued to develop a permanent placement plan.
Olivia M.'s adoption was finalized on December 27, 2000.
[¶3] The parents' motion to vacate the termination order was filed
in the District Court on July 6, 2001. The motion to amend findings and
judgment was filed in the District Court on September 1, 2001. The court
denied both the motion to vacate and the motion to amend findings and
judgment. Both of those actions were appealed, and the appeals have been
consolidated.
[¶4] The parents' motions sought to reopen and reargue issues
resolved in the termination proceeding. There is no basis now, post-
affirmance of the termination order and post-adoption, for consideration of
the relief the parents seek. Because there was no relief that the District
Court could grant, it acted appropriately in denying the parents' motions.
The entry is:
Judgment affirmed.
For appellants:
James & Olivia M.
152 Cross Road
Stetson, ME 04488
Attorneys for appellee:
G. Steven Rowe, Attorney General
Patrick Downey, Asst. Attorney General
6 State House Station
Augusta, ME 04333-0006
Guardian ad Litem:
Michael Wiers, Esq.
P O Box 395
Hartland, ME 04488
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