in the Interest of A. S. A., A. A., and v. D. C., Minor Children

• Court: Court of Appeals of Texas
• Decided: July 19, 2012
• Docket: 13-12-00018-CV
• Status: Published

Opinion

NUMBER 13-12-00018-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN THE INTEREST OF A. S. A., A. A., AND V. D. C., MINOR CHILDREN ____________________________________________________________

On Appeal from the County Court at Law No. 5 of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Garza and Vela Memorandum Opinion Per Curiam

The parties to this appeal have filed an AAgreed Motion to Enter Agreement to

Render Judgment” pursuant to 42.1(a)(2)(B) of the Texas Rules of Appellate Procedure.

See TEX. R. APP. P. 42.1(a)(2)(B). The parties request that the judgment of July 14,

2011, and September 23, 2011 be reversed and the matter remanded to the trial court for

a new trial. They so request because the Texas Department of Family and Protective

Services (Department) agrees that appellant was denied her most significant due-process right—the right to be heard at a meaningful time and in a meaningful manner

and to call and cross-examine witnesses.

We GRANT the motion and REVERSE the trial court=s judgment of July 14, 2011,

and September 23, 2011, without regards to the merits, maintaining all prior orders

appointing the Department as temporary managing conservator of the children, and

REMAND this case to the trial court for a new trial in accordance with the parties=

agreement. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d).

Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent

agreement of the parties, the court will tax costs against the appellant.").

PER CURIAM

Delivered and filed 19th day of July, 2012.