in the Interest of B.S., a Child

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-09-00262-CV

IN THE INTEREST OF B.S., A CHILD

From the County Court at Law Ellis County, Texas Trial Court No. 76,744

MEMORANDUM OPINION

Appellants challenged the trial court’s oral ruling striking their original petition

to be appointed as permanent managing conservators of the child the subject of the suit

both by mandamus and by direct appeal. This Court granted mandamus relief. See In

re Cervantes, 300 S.W.3d 865 (Tex. App.—Waco 2009, orig. proceeding) (op. on reh’g).

The parties were notified that, unless a response was filed showing grounds for

continuing the appeal, the appeal may be dismissed because: (1) it is moot in light of

this Court’s mandamus ruling; and (2) the trial court’s oral ruling is not an appealable

order. See TEX. R. APP. P. 42.3(a). The Court has received no response. Accordingly, the

appeal is dismissed. FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis (Chief Justice Gray concurs in the judgment only, and only to the extent that it dismisses this proceeding. A separate opinion will not issue.) Appeal dismissed Opinion delivered and filed March 3, 2010 [CV06]

In re B.S. Page 2