Filed 10/4/18 In re Gavin G. CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| In re GAVIN G., a Person Coming Under the Juvenile Court Law. |
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| SAN FRANCISCO HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. J.Y., Defendant and Appellant. |
A154218
(City & County of San Francisco Super. Ct. No. JD15-3239)
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Respondent, the San Francisco Human Services Agency, has filed an unopposed motion to dismiss the appeal of J.Y. (Mother) from an April 2018 order of the juvenile court terminating her parental rights to Gavin G. under Welfare and Institutions Code section 366.26. The motion states that counsel for Mother “has represented that appellant will not oppose this motion to dismiss,” and she has not done so.
The motion is based on two grounds. The first is that the appeal is moot because, in her opening brief, Mother stated that she filed this appeal solely to preserve the viability of another appeal she had previously filed, and that appeal has now been resolved. In that appeal, Mother challenged an order denying visitation pending the Welfare and Institutions Code section 366.26 hearing. This court recently affirmed the no-visitation order. (In re Gavin G. (Aug. 24, 2018, A152739) [nonpub. opn.].) The agency’s second ground is that the decision in No. A152739 is now the law of the case and has eliminated the only arguable basis for reversing the section 366.26 order challenged in this appeal—that the erroneous denial of visitation impaired Mother’s ability to present a defense to the section 366.26 petition. We agree with the parties that dismissal is warranted under these circumstances and therefore grant the unopposed motion to dismiss.
Disposition
The appeal is dismissed.
Pollak, J.
We concur:
Siggins, P.J.
Jenkins, J.
