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Name: In re A.H.
Case #: H038633
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/26/2013
Summary

Appeal was dismissed where there was no cause to excuse the writ requirement and none of parents’ issues were cognizable on appeal. Parents’ services were terminated after 18 months and a 366.26 hearing was set. Both parents appealed from two rulings: an order denying mother’s motion to vacate a default judgment, and an order denying the parents’ modification motion to place the minors with relatives. In the appeal, however, the parents raised contentions not directly challenging those rulings, arguing that the court failed to serve mother with the writ requirements by mail, that the court erred in failing to advise mother regarding her waiver of counsel, that the order finding that services were reasonable was not supported by the evidence, and that the juvenile court judge improperly heard the 18-month review after he was disqualified. The parents argued that due to the failure of the court to inform them of the writ requirements, the issues were cognizable in this appeal. Although respondent conceded that parents were entitled to challenge the setting order, the court refused to accept the concession, and dismissed the appeal. None of the issues raised by parents were cognizable on appeal. A setting order is not appealable unless a petition for extraordinary review was filed in a timely manner. The record showed that writ notice was sent to the parents at their last known addresses. Parents stormed out of the 18-month review hearing before the oral advisement. The record did not demonstrate exceptional circumstances justifying excuse of the writ requirement.