In Re Fredrick EH

California Court of Appeal Jun 17, 1985 No. E000573Published

Before: Rickles

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Holding. The court held that an appeal filed beyond the 60-day jurisdictional limit prescribed by California Rules of Court, rule 2(a), must be dismissed, as the trial court's prior order terminating parental rights was a final, appealable judgment.

Issues

Whether a notice of appeal filed more than 60 days after the entry and service of a formal order terminating parental rights is timely.
Whether a subsequent order confirming a prior final judgment against one party extends the time to appeal that original judgment.

Disposition. dismissed

Quotations verified verbatim against the opinion

“If it appears that the appeal was not taken within the 60-day period, the court has no discretion but must dismiss the appeal of its own motion even if no objection is made.”

“The April order declaring the minor free of Fredrick L.H.'s custody and control constituted a final, appealable judgment.”

“In the case at bench, the trial court made its oral ruling terminating Fredrick L.H.'s parental rights on December 9, 1982, and signed, entered and noticed a formal order to that effect in April of 1983.”

169 Cal.App.3d 344 (1985) 215 Cal. Rptr. 171 In re FREDRICK E.H., a Minor.

SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Petitioner and Respondent,

FREDRICK L.H., Objector and Appellant.

Docket No. E000573. Court of Appeals of California, Fourth District, Division Two.

June 17, 1985. [345] COUNSEL

Dennis Tilton, under appointment by the Court of Appeal, for Objector and Appellant.

Alan K. Marks, County Counsel, Susan K. Holliday and Joanne Fenton, Deputy County Counsel, for Petitioner and Respondent.

OPINION

RICKLES, J.

Fredrick L.H. appeals from an order of the San Bernardino County Superior Court declaring the minor child, Fredrick E.H., to be free from his custody and control.

FACTS

On March 11, 1982, a representative of the San Bernardino County Department of Public Social Services filed a petition in superior court to free the minor child from the custody and control of his natural parents, Verleen and Fredrick L.H. On November 15, 1982, the matter proceeded to trial. On December 9, 1982, the trial court granted the petition with respect to Fredrick L.H., stating "the child Frederick [sic] is freed from the custody of the father." Fredrick L.H. was present with counsel at the hearing. The court withheld judgment as to the mother, Verleen H., pending her completion of a drug rehabilitation program. The trial court ordered counsel for petitioner to prepare two separate formal orders, one terminating the parental rights of Fredrick L.H. as of that date and the other continuing the matter until June with respect to the mother.

[346]

In Re Fredrick EH

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OPINION

FACTS

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DISCUSSION

DISPOSITION

NOTES

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