In Re AM

216 Cal.App.3d 319 (1989) 264 Cal. Rptr. 666 In re A.M., a Minor.

ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent,

v.

J.M., Defendant and Appellant.

Docket No. A042237. Court of Appeals of California, First District, Division Two.

December 1, 1989. [320] COUNSEL

Ann L. Lipson for Defendant and Appellant.

Richard J. Moore, County Counsel, and Anthony E. Scarr, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

SMITH, J.

J.M. appeals from a judgment freeing her daughter A.M. from her custody and control pursuant to Civil Code section 232, subdivisions (a)(1) (abandonment) and (a)(7) (child in supervised out-of-home placement for one-year period).[1] We conclude that the notice of appeal was not timely filed and consequently dismiss the appeal.

Procedural Background

On March 18, 1987, respondent filed its petition seeking to declare A.M. free from the custody and control of her parents. Trial was held on September 23, 24, and 28, 1987, and the matter was taken under submission. Judgment was entered on February 1, 1988, terminating the parental rights of appellant and any presumed or alleged natural fathers. Notice of entry of judgment was served on March 4, 1988. J.M.'s notice of appeal was filed on May 4, 1988.

[321] Discussion

(1) A threshold issue is whether the notice of appeal filed herein can be deemed timely.[2] It was filed 61 days after the notice of entry of judgment was served. Appellant urges that we deem the notice of appeal timely under the "constructive filing" doctrine, while respondent contends that the doctrine should not be applied to cases arising under section 232.