San Bernardino County Department of Public Social Services v. Fredrick L. H.

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 [s/c] 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]On April 13, 1983, counsel for petitioner submitted the two orders incorporating the provisions of the trial court’s December 9, 1982, ruling. Notice of the proposed orders was served by mail on Fredrick L. H.’s attorney. On April 18, 1983, the two orders were signed by Judge Schaefer, and on April 21, 1983, they were filed and served on Fredrick L. H.

On June 23, 1983, Judge Schaefer granted the petition with respect to the minor’s mother and “confirm[ed]” the earlier judgment of April 18 freeing the minor from the custody and control of Fredrick L. H. Neither Fredrick L. H. nor his attorney was present at the June hearing. It did not concern him.

On August 22, 1983, Fredrick L. H. filed a notice of appeal.1

Discussion

As here relevant, rule 2(a) of the California Rules of Court provides, unless otherwise provided by law, “notice of appeal shall be filed within 60 days after the date of mailing notice of entry of judgment by the clerk of the court... or within 60 days after the date of service of written notice of entry of judgment by any party upon the party filing notice of appeal, or within 180 days after the date of entry of the judgment, whichever is earliest . . . .”