In the Interest of M.A.W., A.V.W., and L.R.W., Children v. .

CourtCourt of Appeals of Texas
DecidedAugust 30, 2023
Docket04-23-00564-CV
StatusPublished

This text of In the Interest of M.A.W., A.V.W., and L.R.W., Children v. . (In the Interest of M.A.W., A.V.W., and L.R.W., Children v. .) 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 M.A.W., A.V.W., and L.R.W., Children v. ., (Tex. Ct. App. 2023).

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION

No. 04-23-00564-CV

IN THE INTEREST OF M.A.W., A.V.W., and L.R.W., Children

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-00951 Honorable Raul Perales, Judge Presiding

Opinion by: Beth Watkins, Justice

Sitting: Irene Rios, Justice Beth Watkins, Justice Lori I. Valenzuela, Justice

Delivered and Filed: August 30, 2023

AFFIRMED; MOTION TO WITHDRAW DENIED

Appellant M.N.W. appeals the trial court’s order terminating his parental rights to his

children M.A.W., A.V.W., and L.R.W. His court-appointed appellate counsel filed a motion to

withdraw and a brief containing a professional evaluation of the record, concluding there are no

arguable grounds for reversal of the termination order. The brief satisfies the requirements of

Anders v. California, 386 U.S. 738 (1967). See In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016)

(per curiam) (recognizing that Anders procedures apply in parental termination cases).

Additionally, counsel represents that he provided M.N.W. with a copy of the brief and the motion

to withdraw, advised M.N.W. of his right to review the record and file his own brief, and informed

M.N.W. how to obtain a copy of the record, providing him with a form motion for access to the 04-23-00564-CV

appellate record. We issued an order setting a deadline for M.N.W. to file a pro se brief. However,

M.N.W. did not request the appellate record or file a pro se brief.

After reviewing the appellate record and appointed counsel’s brief, we conclude no

plausible grounds exist for reversal of the termination order. Accordingly, we affirm the trial

court’s termination order. We deny counsel’s motion to withdraw because it does not show good

cause for withdrawal. See id. at 27 & n.7 (holding that counsel’s obligations in a parental

termination case extend through exhaustion or waiver of all appeals and that withdrawal should be

permitted by a court of appeals “only for good cause” (citing TEX. R. CIV. P. 10)).

Beth Watkins, Justice

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
in the Interest of P.M., a Child
520 S.W.3d 24 (Texas Supreme Court, 2016)

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In the Interest of M.A.W., A.V.W., and L.R.W., Children v. ., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-maw-avw-and-lrw-children-v-texapp-2023.