in the Interest of A.J.H., Child v. Department of Family and Protective Services

CourtCourt of Appeals of Texas
DecidedJune 12, 2018
Docket01-18-00245-CV
StatusPublished

This text of in the Interest of A.J.H., Child v. Department of Family and Protective Services (in the Interest of A.J.H., Child v. Department of Family and Protective Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Interest of A.J.H., Child v. Department of Family and Protective Services, (Tex. Ct. App. 2018).

Opinion

Opinion issued June 12, 2018

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-18-00245-CV ——————————— IN THE INTEREST OF A.J.H., CHILD, Appellant

On Appeal from the 314th District Court Harris County, Texas Trial Court Case No. 2017-00233J

ORDER

D.G. and E.H. appeal from a decree of termination of parental rights signed

on March 8, 2018. On May 31, 2018, appellant D.G. advised this court that the trial

court had granted his motion for new trial. D.G. filed an unopposed motion to

dismiss his appeal as moot. When the trial court grants a motion for new trial, it returns the case to its

position before trial and renders the appeal moot. See TEX. R. APP. P. 21.9(b);

Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). Because

the trial court granted D.G.’s motion for new trial, his appeal of the trial court’s

decree is moot.

Accordingly, we grant the motion and dismiss D.G.’s appeal. See TEX. R. APP. P. 42.1(a), 43.2(f). The appeal of E.H. remains pending.

PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.

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Related

Wilkins v. Methodist Health Care System
160 S.W.3d 559 (Texas Supreme Court, 2005)

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