Opinion
NOT TO BE PUBLISHED
Super. Ct. No. AD77774
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; CHANGE IN JUDGMENT
FYBEL, J.
It is ordered that the opinion filed herein on May 12, 2011, be modified as follows:
On page 15, in the Disposition section:
1. The last sentence beginning “S.C. and C.C. to recover” is deleted in its entirety and replaced with the following new sentence:
In the interest of justice, no party may recover costs on appeal.
2. At the end of the new last sentence, add as footnote 1 the following footnote:
1 California Rules of Court, rule 8.278(a)(1) states, “the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal.” California Rules of Court, rule 8.400 defines juvenile appeals as (1) “Cases under Welfare and Institutions Code sections 300, 601, and 602”; (2) “Actions to free a child from parental custody and control under Family Code section 7800 et seq;” and (3) “Writ petitions under Welfare and Institutions Code sections 366.26 and 366.28.” This case did not qualify as a juvenile appeal because it arose as an adoption matter under Family Code section 7600 et seq., not a freedom from parental custody matter under section 7800 et seq. But in the interest of justice, we conclude no party may recover costs on appeal.
Because of the addition of this material regarding costs, we deem the modification to be a change in judgment, thereby triggering the time for finality specified under rule 8.264(c)(2) of the California Rules of Court to begin to run anew as of this date.
The petition for rehearing is DENIED.
WE CONCUR: RYLAARSDAM, ACTING P. J. ARONSON, J.