Guardianship of Brazeal
| Decision Date | 27 March 1953 |
| Citation | 117 Cal.App.2d 59,254 P.2d 886 |
| Court | California Court of Appeals Court of Appeals |
| Parties | Guardianship of BRAZEAL. BOWMAN et al. v. BRAZEAL. Civ. 15276. |
Nicholas Alaga, San Francisco, for appellant.
Charles L. Hemmings, Martinez, for respondent.
Notice of appeal was filed by appellants Melba J. Bowman and Oscar Bowman who have the physical custody of the minor, Melba Linn Brazeal, from an order denying appellants' motion to dismiss for lack of jurisdiction a petition of the minor's mother to be appointed guardian of her person, from the order appointing said mother guardian of the person, and from an order denying appellants' motion to vacate the order appointing guardian. The order denying the motion to dismiss the petition is not appealable, Greene v. Superior Court, 37 Cal.2d 307, 310, 231 P.2d 821, and since the merits of the case can be determined on the appeal from the order appointing guardian the attempted appeal from the order denying the motion to vacate becomes unimportant, although apparently it is also not an appealable order. Prob.Code, sec. 1630.
Respondent has filed no brief nor did her counsel appear for oral argument. Her counsel was given the notice required by Rule 17(b), Rules on Appeal and in reply thereto he informed the clerk of this court by letter that he would neither file a respondent's brief nor be present to argue the case orally before the court. Accordingly, pursuant to Rule 17(b), this court will accept as true the statement of facts in the appellants' opening brief.
According to this statement shortly after the birth of the child on April 1, 1945, 'the control, custody and possession of said minor was surrendered' to appellants, residents, of San Francisco. until the date of the hearing ...
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R.K.B. v. E.J.T. (In re B.B.)
...them pack [her child's] belongings, including [her child's] birth certificate and social security card"); In re Guardianship of Brazeal, 117 Cal.App.2d 59, 254 P.2d 886, 887 (1953) (holding that birth parents abandoned their child for the purposes of the minor's residence and jurisdiction w......
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Jolicoeur v. Mihaly, S.F. 22826
... ... (In re Vance (1891) 92 Cal. 195, 198, 28 P. 229; In re Hawkins (1920) 183 Cal. 568, 575, 192 P. 30; Guardianship of Brazeal (1953) 117 Cal.App.2d[5 Cal.3d 580] 59, 61, 254 P.2d 886; see also Harlan v. Undustrial Acc. Comm. (1924) 194 Cal. 352, 359--360, 228 P ... ...
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Cal-Farm Ins. Co. v. Boisseranc, CAL-FARM
... ... & Inst.Code; Sampsell v. Superior Court, 32 Cal.2d 763, 197 P.2d 739; In re Gi, 134 Cal.App.2d 479, 286 P.2d 364; Guardianship of Brazeal, 117 Cal.App.2d 59, 254 P.2d 886; Heinz v. Heinz, 68 Cal.App.2d 713, 157 P.2d 660; In re Chandler, 36 Cal.App.2d 583, 97 P.2d 1048; ... ...
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Guardianship of Donaldson
...435.) The order established the right to custody of the children, and it is this right assailed on appeal. (See Guardianship of Brazeal (1953) 117 Cal.App.2d 59, 60, 254 P.2d 886.) We conclude the orders granting the aunt letters of guardianship disposed of the rights of the parties, and he......