In re Sean E

In In re Sean E. (1992) 3 Cal.App.4th 1594, at the section 366.26 hearing, the court granted a mother's section 388 petition seeking modification of placement, found there was a substantial probability her children could be returned to her within six months and continued the hearing. Then at the continued hearing, it terminated her parental rights. ( In re Sean E., supra, 3 Cal.App.4th at pp. 1598-1599.) The mother appealed and the appellate court held the order granting the petition necessarily set aside the order setting the section 366.26 hearing. ( Id. at p. 1599.)