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In re J.J.

California Court of Appeals, First District, Second Division
Mar 4, 2010
No. A126564 (Cal. Ct. App. Mar. 4, 2010)

Opinion


In re J.J., a Person Coming Under the Juvenile Court Law. SAN FRANCISCO COUNTY SOCIAL SERVICES DEPARTMENT, Plaintiff and Respondent, v. SHAWN J., Defendant and Appellant. A126564 California Court of Appeal, First District, Second Division March 4, 2010

NOT TO BE PUBLISHED

San Francisco County Super. Ct. No. JD08-3142

Kline, P.J.

Shawn J. appeals from orders terminating reunification services to her and placing her child in long-term foster care. Her notice of appeal was not timely filed and we hereby dismiss the appeal.

STATEMENT OF THE CASE AND FACTS

A July 17, 2009, hearing before a referee of the superior court resulted in orders continuing then 10-year-old J.J. in foster care, terminating reunification services for appellant, finding J.J. not a proper subject for adoption and ordering long-term foster care, and providing visitation for appellant and J.J.’s siblings. The minute order was signed by both the referee and a superior court judge on July 17 and was filed on July 21, 2009.

Appellant filed a notice of appeal on October 13, 2009.

On January 21, 2010, respondent San Francisco County Social Services Department filed a motion to dismiss the appeal as untimely. Appellant did not file opposition to the motion.

DISCUSSION

A notice of appeal must be filed “within 60 days after the rendition of the judgment or the making of the order being appealed.” (Cal. Rules of Court, rule 8.400(d)(1).) “In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 60 days after the referee’s order becomes final under rule 5.540(c).” (Rule 8.400(d)(2).) Absent a request or order for rehearing, a referee’s order “becomes final 10 calendar days after service of a copy of the order and findings under rule 5.538.” (Rule 5.540(c).)

Respondent cites California Rules of Court, rule 8.406, which does not become effective until July 1, 2010. The content is identical to rule 8.400(d)(1).

No record has been filed in this appeal and the copies of the superior court order supplied with the notice of appeal and the present motion to dismiss do not include a proof of service. This court’s notice to the First District Appellate Project regarding the notice of appeal indicated that the referee’s order became final on July 27, 10 days after the hearing, and that the notice of appeal should have been filed by September 25, 2009. Appellant and her attorney were present in court at the July 17, 2009, hearing, and the order was signed by a judge as well as by the referee. Had the hearing been before a judge, the time for filing would have run from the oral pronouncement of the order (In re Alyssa H. (1994) 22 Cal.App.4th 1249,1254) and the time for filing the notice of appeal would have expired on September 15, 2009. In any event, the notice of appeal filed on October 13, 2009, was untimely. Absent a timely notice of appeal, this court

has no jurisdiction to entertain the appeal. (See Annette F. v. Sharon S. (2005) 130 Cal.App.4th 1448, 1454.)

The appeal is dismissed.

We concur: Richman, J., Lambden, J.


Summaries of

In re J.J.

California Court of Appeals, First District, Second Division
Mar 4, 2010
No. A126564 (Cal. Ct. App. Mar. 4, 2010)
Case details for

In re J.J.

Case Details

Full title:In re J.J., a Person Coming Under the Juvenile Court Law. v. SHAWN J.…

Court:California Court of Appeals, First District, Second Division

Date published: Mar 4, 2010

Citations

No. A126564 (Cal. Ct. App. Mar. 4, 2010)