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Name: In re Anna S.
Case #: D055036
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/13/2010

The juvenile court erred by relying on an appellate court opinion before a remittitur issued. Mother appealed a detention order made after the appellate court filed an opinion reversing an order placing the minor with her parents, but before the remittitur issued. Although the issues concerning the validity of the detention order were rendered moot by the issuance of the remittitur, the appellate court dismissed the appeal but exercised its discretion to review the issue due to the likelihood the issue would arise again in this or other cases. The appellate court held that the trial court erred to the extent that it used a nonfinal opinion to alter its procedures and influence the outcome of the matter before it. The trial court should have proceeded solely on the basis of its continued jurisdiction to make subsequent findings and orders. The matter should have been decided on evidence of the family’s current circumstances and needs at the time.