in the Interest of A.I.B. and B.P.B., Children

• Court: Court of Appeals of Texas
• Decided: January 25, 2022
• Docket: 05-21-00966-CV
• Status: Published

Opinion

DISMISS and Opinion Filed January 25, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00966-CV

IN THE INTEREST OF A.I.B. AND B.P.B., CHILDREN

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-53604-2017

MEMORANDUM OPINION Before Justices Myers, Molberg, and Garcia Opinion by Justice Molberg Before the Court is the parties’ joint motion to reverse and remand to the trial

court. Agreeing that the trial court erred in dismissing the case, they ask that we

“vacate the Order of Dismissal dated October 22, 2021, reverse the trial court’s

judgment of dismissal, and remand the case to the trial court for further proceedings

as if the Order of Dismissal had not been entered.”

We grant the motion to the extent that we vacate the trial court’s October 22,

2021 “Order of Dismissal” without regard to the merits and remand this case to the

trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(B). /Ken Molberg// KEN MOLBERG JUSTICE 210966f.p05

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IN THE INTEREST OF A.I.B. AND On Appeal from the 219th Judicial B.P.B., CHILDREN District Court, Collin County, Texas Trial Court Cause No. 219-53604- No. 05-21-00966-CV 2017. Opinion delivered by Justice Molberg. Justices Myers and Garcia participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s October 22, 2021 Order of Dismissal without regard to the merits and REMAND this case to the trial court for further proceedings.

Subject to any agreement between the parties, we ORDER that appellee Lynn Bishoff recover her costs of this appeal from appellant Michael Bishoff.

Judgment entered this 25th day of January, 2022.

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