In re Jewelyette M. — dissenting

Summary

The dissent would have dismissed both the foster parents’ appeal and writ of error as moot after the child’s biological father died and the trial court transferred guardianship pending a further hearing. It reasons that the intervening death eliminated the factual premises of the challenged orders and left no practical relief that could restore the controversy as it existed before the father’s death. Justice Elgo, dissenting, would also reject permissive intervention by nonrelative foster parents, while Chief Justice Mullins, concurring in part and dissenting in part, would recognize permissive intervention only in rare cases and construe the statutory right to be heard more narrowly.