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IN RE JOSELITO

No. 09-P-1402.

77 Mass. App. Ct. 28 (2010)

CARE AND PROTECTION OF JOSELITO.

Appeals Court of Massachusetts, Plymouth.

June 14, 2010.

Attorney(s) appearing for the Case

Diane Messere Magee for the father.

Muriel Ann Finnegan for Department of Children and Families.

Debbie L. Segal for the child.

Present: MILLS, KATZMANN, & FECTEAU, JJ.

FECTEAU, 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 judgment 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that his appeal is essentially from an interlocutory finding from which no appeal lies and that the finding has been superseded by a dismissal of the case, an order that implicitly...

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