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Name: In re N.S.
Case #: A145473
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 02/24/2016
Summary

Dismissal of appeal was proper where postappeal the juvenile court ordered dismissal of dependency jurisdiction leaving the appellate court unable to grant effective relief. The infant minor was removed from her parents when they were arrested for cultivating marijuana in the house in which the family was living. Mother immediately moved out of the house, and by the time of the jurisdictional hearing, the house was empty and listed for sale. The juvenile court took jurisdiction of the minor anyway, and mother appealed. While the appeal was pending, the juvenile court awarded mother custody of the minor and dismissed the dependency proceedings. The appellate court learned of the subsequent dismissal from mother’s counsel, and requested supplemental briefing on whether the dismissal rendered the appeal moot. The First District Court of Appeal noted that it is counsel’s obligation to notify their court of postappeal juvenile court rulings that affect the court’s ability to grant effective relief. Here, there was no effective relief that the court could give mother beyond that which she had already obtained. The court declined to exercise its discretion to review the juvenile court’s orders imposing dependency jurisdiction. Appeal dismissed.