Morcroft v. J.H.

SHARP, W., Senior Judge.

Morcroft, guardian ad litem of three minor children, appeals from a final order that dismissed a dependency action against the children’s father, after a trial.1 In this unusual case, the Department did not file a notice of appeal nor move to join Morcroft as an appellant, and was limited to filing an Answer Brief, in which it acknowledged it could neither argue to uphold the order on appeal nor oppose it.2 We reverse for further proceedings, as we determine the order was based on misstatements and misapplication of the law.

The facts are not in dispute. In March 2005,…