Opinion
C042431
7-24-2003
In re CHINE B., a Person Coming Under the Juvenile Court Law. DEPARTMENT OF HEALTH & HUMAN SERVICES, Plaintiff and Respondent, v. FREDDIE B., Defendant and Appellant.
Appellant, the mother of the minor, appeals from the juvenile courts order denying her petition for modification. (Welf. & Inst. Code, §§ 388, 395; further undesignated statutory references are to the Welfare and Institutions Code.) Appellant contends the juvenile court erred by denying her petition without a hearing. We dismiss the appeal as moot.
Following the filing of a dependency petition concerning the newborn minor, the juvenile court sustained the petition and denied appellant reunification services. Two months later, appellant filed a petition for modification pursuant to section 388, which the juvenile court denied without setting a hearing.
We take judicial notice that, subsequent to her appeal in this matter, appellant filed a notice of appeal following the termination of her parental rights to the minor. (In re Chine B. (C042871).) (Evid. Code, §§ 452, subd. (d), 459.) Further, we take judicial notice that appellants appeal of the order terminating her parental rights was dismissed by this court because appellant failed to file an opening brief or request appointment of counsel in that matter. (In re Chine B. (Mar. 27, 2003, C042871) [nonpub. order]; Evid. Code, §§ 452, subd. (d), 459.) The order terminating appellants parental rights is now final. (See Cal. Rules of Court, rule 24(b).)
"It is well settled that an appellate court will decide only actual controversies. Consistent therewith, it has been said that an action which originally was based upon a justiciable controversy cannot be maintained on appeal if the questions raised therein have become moot by subsequent acts or events." (Finnie v. Town of Tiburon (1988) 199 Cal. App. 3d 1, 10, 244 Cal. Rptr. 581; see generally 9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 642, p. 669.) When subsequent events render it impossible for this court, if it should decide the case in favor of appellant, to grant any effectual relief whatever, the court will not proceed to a formal judgment, but will dismiss the appeal. (Consol. etc. Corp. v. United A. etc. Workers (1946) 27 Cal.2d 859, 863.)
"Mootness" is an apt term to describe the reality of the situation before us. After the juvenile court order was entered denying appellant a hearing on her petition for modification, the juvenile court terminated appellants parental rights. In this appeal, appellant seeks a hearing on her modification petition, however, the order terminating appellants parental rights to the minor can no longer be vacated. Accordingly, we cannot provide any meaningful relief to appellant. Her claim is, therefore, moot. (In re Jessica K. (2000) 79 Cal.App.4th 1313, 1315; In re Pablo D. (1998) 67 Cal.App.4th 759, 761.)
DISPOSITION
The appeal is dismissed.
We concur: RAYE, J., KOLKEY, J. --------------- Notes: We have resolved this appeal on the ground of mootness in the interest of judicial economy. Since the issue has not been briefed, a party who believes the issue has been wrongly decided may petition for rehearing. (Gov. Code, § 68081.)