Clark v. Katherine R.

Opinion

STONE, P. J.

A petition was filed in the Stanislaus County juvenile court alleging that Katherine R. was a person coming within the provisions of section 601 of the Juvenile Court Law of California in that she was

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beyond the control of her parents, having left home and remained away without parental consent. Following a hearing, on August 13, 1969, the minor was declared a ward of the juvenile court and was released to her mother under terms of probation. On August 19, the minor and her mother filed a notice of appeal.

December 6, 1969, Katherine R. married. On January 9, 1970, as the result of her marriage, the Stanislaus County juvenile court terminated the wardship. The People then moved to have the appeal from the original orders dismissed upon the ground the appeal was moot.

Appellants contend, first, that the juvenile court lacked jurisdiction to make the final order revoking wardship, upon the ground filing of the appeal divested the juvenile court of jurisdiction. They point out that Welfare and Institutions Code section 800 provides that: “A judgment or decree of a juvenile court . . . assuming jurisdiction . . . may be appealed from in the same manner as any final judgment, and any subsequent order may be appealed from as from an order after judgment; . . .”

Appellants point out that filing a notice of appeal in a civil, or a criminal case deprives the trial court of jurisdiction (Code Civ. Proc., § 916;

People

v.

Sonoqui,

1 Cal.2d 364 [35 P.2d 123];

Sacks

v.

Superior Court,

31 Cal.2d 537 [190 P.2d 602];

Dallman

v.

Dallman,