In re L.J.

In this case, a juvenile court referee made an order terminating the parental rights of C.W. (father) and La.J. (mother) as to minor L.J. (Welf. & Inst. Code, § 366.26.) (Case No. C071919.) Both parents filed notices of appeal from that order. However, father simultaneously moved for rehearing or reconsideration of the order (Welf. & Inst. Code, § 252; Code Civ. Proc., § 1008), alleging the hearing proceeded in his absence despite his voice mail message to the court clerk advising that he would be late. The referee purported to grant the motion and to set aside the order. At a subsequent hearing attended by father, the referee made a new order purporting once again to terminate the parental rights of both parents. Father alone filed a notice of appeal from this order. (Case No. C072166.)

After receiving father’s notice of appeal from the second order, we requested letter briefs from the parties as to whether the first appeal was moot and consolidated the appeals on our own motion. Having read and considered those briefs, we conclude that the appeal in case No. C071919 is not moot because the referee’s original order terminating parental rights was final and conclusive.…