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Case No. 18-1890

In the Interest of C.S., Minor Child

M.U., Mother-Appellant

Attorney for Appellant Mother

Jim L. Byvee

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Attorney for Appellee

Shelley Mbonu, pro se

Guardian ad litem

Meret Thali

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 20, 2019

            Appeal from the Iowa District Court for Plymouth County, Robert J. Dull, District Associate Judge.  APPEAL DISMISSED.  Considered by Vogel, C.J., and Vaitheswaran and Mullins, JJ.  Opinion by Vaitheswaran, J.  Special Concurrence by Vogel, C.J.  (6 pages)

            A mother challenges a juvenile court order transferring jurisdiction from the Iowa District Court to the Wind River Tribal Court, contending the court erred in “transferring jurisdiction to the Wind River Tribal Court three days after the Tribe had filed the request and without further notice or hearing.”  OPINION HOLDS: Because the district court’s ruling was not stayed pending appeal and the child was transferred to the State of Wyoming, the issue raised by the mother is now academic.  The matter is moot, and the appeal must be dismissed.  SPECIAL CONCURRENCE ASSERTS: I agree this matter is moot and the appeal should be dismissed.  However, had the mother sought to stay the action pending this appeal, she should have then been granted a hearing on her resistance to transferring jurisdiction. 

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