Care & Protection of Joselito
Massachusetts Appeals Court
1Opinion of the CourtFecteau, J.
The father challenges certain findings of fact, conclusions of law and orders entered by a Juvenile Court judge in a care and protection action that concluded in a judg*29ment of dismissal. Although the case is not moot, we conclude that his appeal is essentially from an interlocutory finding from which no appeal lies and that the finding has been superseded by a dismissal of the case, an order that implicitly vacates the finding. While the judgment of dismissal is properly before us, it was not entered in consequence of, nor does it rest upon, the interlocutory finding of unfitness;…
2Cases cited11 opinions
- Hastings & Sons Publishing v. City Treasurer of LynnMassachusetts Supreme Judicial Court · 1978
- Custody of a MinorMassachusetts Supreme Judicial Court · 1983
- Adoption of CarlosMassachusetts Supreme Judicial Court · 1992
- Mancuso v. MancusoMassachusetts Appeals Court · 1980
- Adoption of GillianMassachusetts Appeals Court · 2005
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