Opinion
No. 2-553 / 01-1865.
Filed July 31, 2002.
Appeal from the Iowa District Court for Hardin County, KIM M. RILEY, Judge.
Mother appeals from order transferring legal custody of two minor children to their father. APPEAL DISMISSED.
Randal J. Giannetto of Mowry Law Firm, Marshalltown, for appellant.
Don E. Gottschalk of Gottschalk, Shinkle, Hulse Mahoney, Cedar Falls, for father.
Thomas J. Miller, Attorney General, Tabitha Gardner, Assistant Attorney General, and Richard Dunn, County Attorney, for appellee-State.
Larry Johnson ofWalters Johnson, Iowa Falls, for minor child.
Considered by VOGEL, P.J., and MILLER and VAITHESWARAN, JJ.
Sherry, the biological mother of the minor children, Stephanie and Cheyenne, appealed from a dispositional order in children in need of assistance (CINA) proceedings, which placed the children into the legal custody of their biological father and her former husband, Tim. Subsequent to Sherry's appeal, the district court, which was granted concurrent jurisdiction over the matter, modified Sherry and Tim's dissolution decree to provide for joint custody of the children, with physical care and control to be placed with Tim. The juvenile court then dismissed and terminated the CINA proceedings after an uncontested hearing, and Tim has moved to dismiss the appeal on the basis it is now moot. We concur that this matter is moot and should be dismissed.
APPEAL DISMISSED.