In re Brandon F. CA4/1

Filed 3/1/13 In re Brandon F. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

In re BRANDON F., a Person Coming Under the Juvenile Court Law. D062317 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. EJ3374C) Plaintiff and Respondent,

v.

TONY M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Laura J.

Birkmeyer, Judge. Dismissed.

Tony M. appeals an order summarily denying his Welfare and Institutions Code1

section 388 petition in which he requested the court invalidate all previous dependency orders

regarding his son, Brandon F., and return the case to the dispositional phase. He contends the

court was required to consider section 361.2 and to grant custody to him absent a showing of

1 Statutory references are to the Welfare and Institutions Code.

detriment, the court erred by concluding he is not Brandon's father under Adoption of Kelsey S.

(1992) 1 Cal.4th 816 (Kelsey S.), and it erred by denying his petition without a hearing.

Because a subsequent order terminating Tony's parental rights is now final, we dismiss the

appeal as moot.

FACTUAL AND PROCEDURAL BACKGROUND