in the Interest of K.Y.
This text of in the Interest of K.Y. (in the Interest of K.Y.) 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.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-21-00360-CV __________________
IN THE INTEREST OF K.Y.
__________________________________________________________________
On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. F-238,197 __________________________________________________________________
MEMORANDUM OPINION
In October 2021, the trial court signed a judgment in a case filed by the Texas
Department of Family and Protective Services, in which the court granted the
Department’s request to terminate the parent-child relationship between two
children and their parents. While the trial court still had plenary power over the final
judgment, G.L.S. Jr. appeared and moved for new trial, claiming he was never
properly notified or served with the Department’s suit.
1 In response to G.L.S. Jr.’s motion, the Department filed a motion for new trial.
In its motion, G.L.S. Jr. asked the trial court to grant his motion as to the extent the
judgment applied to him. G.L.S. Jr. also filed a timely notice of appeal.
While the trial court had plenary power over its final judgment, the court
granted G.L.S. Jr.’s motion for new trial.1 See Tex. R. Civ. P. 329b(c), (e). Less than
a week later, we notified the parties the Court intended to dismiss the appeal unless
one of the parties to the appeal filed a valid objection to doing so since the appeal
appeared to the Court to be moot. The parties did not object to the Court’s suggestion
after the Court sent the parties notice that the Court intended to dismiss the appeal
as moot.
For the reasons explained above, the appeal is dismissed. See Tex. R. App. P.
43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on December 15, 2021 Opinion Delivered December 16, 2021
Before Kreger, Horton and Johnson, JJ.
1 The trial court did not vacate the final judgment, which also terminated the parent-child relationships between Mother and the two children named in the suit. 2
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