In Re Miller

This is an appeal from a judgment of the superior court entered after a minute order granting respondent’s petition for a writ of habeas corpus freeing Jackijo Miller from the custody of appellants and denying appellants’ petition for a declaration that Jackijo was aban doned by respondent and is free of her custody and control. Appellants also pretend to appeal from an order denying a motion for new trial; this order is nonappealable and the purported appeal therefrom is dismissed. (Code Civ. Proc., § 963, subd. 2; Torres v. City of Los Angeles, 58 Cal.2d 35, 55 [ 22 Cal.Rptr. 866 , 372 P.2d 906 ].)

In 1964, an Arkansas court, which then had jurisdiction over appellants, granted a petition by respondent for a writ of habeas corpus ordering that Jackijo be free from appellants’ control and be returned to her natural mother, the respondent. Respondent subsequently filed the instant California petition for a writ of habeas corpus. Appellants then filed an action under Civil Code section 232 requesting that Jackijo be declared a child abandoned by her parent. The two actions were consolidated for trial and heard by the court which resolved the actions in favor of respondent and…