in the Interest of C.H. and B.C.

• Court: Court of Appeals of Texas
• Decided: June 24, 2021
• Docket: 09-21-00031-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00031-CV __________________

IN THE INTEREST OF C.H. AND B.C.

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On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 19-05-06925-CV __________________________________________________________________

MEMORANDUM OPINION

The unknown father, acting through court-appointed counsel, filed a motion

to dismiss the unknown father’s appeal. 1 The attorney appointed by the trial court to

1 We note that, in the final judgment, the trial court found that T.C. is the father of same child the Department alleged in its pleadings is unknown. However, the judgment the trial court signed treats the unknown father and T.C. as different individuals even though both were alleged to have fathered B.C. T.C., whom the trial court found by clear and convincing evidence is B.C.’s father, did not file a notice of appeal. Therefore, given the manner the trial court handled the matter, we will assume the attorney appointed to represent the unknown father filed the motion to dismiss the unknown father’s appeal solely on behalf of the unknown father and not also for T.C. 1 represent the unknown father filed the motion to dismiss before this Court decided

any issue in the appeal. See Tex. R. App. P. 42.1(a)(1).

We grant the motion and dismiss the unknown father’s appeal. As to A.C., the

mother of the children affected by the trial court’s order, the appeal will continue.

APPEAL DISMISSED IN PART.

PER CURIAM

Submitted on May 11, 2021 Opinion Delivered June 24, 2021

Before Golemon, C.J., Kreger and Horton, JJ.