Whisler

This is an appeal from a summary judgment denying a petition for adoption and from an order granting the motion therefor. The order is nonappealable and the attempted appeal therefrom must be dismissed (Hagan v. Fairfield, 204 Cal.App.2d 1 [ 21 Cal.Rptr. 923 ]; Chilson v. P. G. Industries, 174 Cal.App.2d 613 [ 344 P.2d 868 ]; Martelli v. Pollock, 162 Cal.App.2d 655 [ 328 P.2d 795 ]). We have concluded that the judgment must be reversed.

Appellants Glen L. Whisler and Angela L. Whisler, petitioners below, are husband and wife, and reside in the County of Kern. Residing in their home with them at the time this controversy arose were a 9-month-old adopted female child and a 16-year-old niece of Mrs. Whisler. Petitioners initiated procedures for the adoption of a German born and domiciled male child, 2 years of age, and to secure his entrance into the United States for the purpose of adoption under former Adopted Orphans Immigration Law of the United States ( 8 U.S.C. § 1205 , repealed by Public Law 87-301, § 24 (a) (2), effective September 26, 1961; now incorporated in the Immigration and Nationality Act ( 8 U.S.C. § 1101 (b) (1) (6) and 8 U.S.C. § 1155 (b)). In relevant part, the…