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2014 California Rules of Court

Rule 8.411. Abandoning the appeal

(a) How to abandon

An appellant may abandon the appeal at any time by filing an abandonment of the appeal. The abandonment must be authorized by the appellant and signed by either the appellant or the appellant's attorney of record. In a Welfare and Institutions Code section 300 proceeding in which the child is the appellant, the abandonment must be authorized by the child or, if the child is not capable of giving authorization, by the child's CAPTA guardian ad litem.

(b) Where to file; effect of filing

(1)If the record has not been filed in the reviewing court, the appellant must file the abandonment in the superior court. The filing effects a dismissal of the appeal and restores the superior court's jurisdiction.

(2)If the record has been filed in the reviewing court, the appellant must file the abandonment in that court. The reviewing court may dismiss the appeal and direct immediate issuance of the remittitur.

(c) Clerk's duties

(1)If the abandonment is filed in the superior court, the clerk must immediately mail a notification of the abandonment to:

(A)Every other party;

(B)The reviewing court; and

(C)The reporter if the appeal is abandoned before the reporter has filed the transcript.

(2)If the abandonment is filed in the reviewing court and the reviewing court orders the appeal dismissed, the clerk must immediately mail a notification of the order of dismissal to every party.

Rule 8.411 adopted effective July 1, 2010.

Advisory Committee Comment

The Supreme Court has held that appellate counsel for an appealing minor has the power to move to dismiss a dependency appeal based on counsel's assessment of the child's best interests, but that the motion to dismiss requires the authorization of the child or, if the child is incapable of giving authorization, the authorization of the child's CAPTA guardian ad litem (In re Josiah Z. (2005) 36 Cal.4th 664).

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