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Name: In re Brandy R.
Case #: G037792
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/12/2007

Trial court proceedings are not stayed pending the issuance of a remittitur from a prior writ proceeding. Mother argued in an appeal from the termination of her parental rights that the juvenile court was without jurisdiction to begin the 366.26 hearing because the matter was automatically stayed pending the issue of a remittitur from the prior writ proceeding. The appellate court rejected the argument, finding that the statute does not include a provision for an automatic stay. Further, the statute requires an exceptional showing of good cause to justify a stay, consistent with the strong public policy against protracted litigation in dependency cases.