In re Madison W

In In re Madison W. (2006) 141 Cal.App.4th 1447, the parent's counsel filed a notice of appeal from the order terminating parental rights, but did not refer to the order denying the section 388 petition. (Madison W., at pp. 1450-1451.) The reviewing court held that it would "liberally construe a parent's notice of appeal from an order terminating parental rights to encompass the denial of the parent's section 388 petition provided the trial court issued its denial during the 60-day period prior to filing the parent's notice of appeal." (Madison W., at p. 1451.) The court reached this holding for the following reasons: "First, the denial of such a section 388 petition is an appealable order. ( 395.) Second, the parent's notice of appeal is entitled to our liberal construction. (Vibert v. Berger (1966) 64 Cal.2d 65, 67.) Third, appellate jurisdiction to review an appealable order depends upon a timely notice of appeal. (In re Jonathon S. (2005) 129 Cal.App.4th 334, 340.) Fourth, the notice of appeal would be timely as to the denial of the parent's section 388 petition within 60 days of when the parent filed the notice of appeal. (Cal. Rules of Court, rule 2.) And finally, respondent is not prejudiced. (Vibert v. Berger, supra, 64 Cal.2d at p. 67.)" (Madison W., at p. 1450.)