in the Interest of M.S.M., K.C.M., and C.C.M.
This text of in the Interest of M.S.M., K.C.M., and C.C.M. (in the Interest of M.S.M., K.C.M., and C.C.M.) 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
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION
No. 04-22-00512-CV
IN THE INTEREST OF M.S.M., K.C.M., and C.C.M.
From the 198th Judicial District Court, Bandera County, Texas Trial Court No. CVPC-XX-XXXXXXX Honorable Dennis Powell, Judge Presiding
Opinion by: Liza A. Rodriguez, Justice
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Liza A. Rodriguez, Justice
Delivered and Filed: January 11, 2023
AFFIRMED
Mother and Father 1 appeal the trial court’s order terminating their parental rights to their
children. Their court-appointed attorneys have each filed a motion to withdraw and a brief
representing that they have conducted a professional evaluation of the record and have determined
there are no arguable grounds to be raised on appeal. The briefs satisfy 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 Anders procedure applies in parental termination appeals). Both court-
appointed attorneys have also certified that they sent a copy of their briefs and motions to withdraw
to Mother and Father, respectively, and informed Mother and Father of their right to review the
1 To protect the identity of the minor child, we refer to the parties by fictitious names, initials, or aliases. See TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b)(2). 04-22-00512-CV
record and file their own brief. Both court-appointed attorneys also provided Mother and Father,
respectively, with a form motion to request access to the record. See Kelly v. State, 436 S.W.3d
313, 319-20 (Tex. Crim. App. 2014); In re A.L.H., No. 04-18-00153-CV, 2018 WL 3861695, at
*2 (Tex. App.—San Antonio Aug. 15, 2018, no pet.). Neither Mother nor Father have filed a pro
se brief.
After reviewing the record and the briefs filed by counsel, we agree that there are no
meritorious issues to be raised and the appeal is frivolous. Accordingly, we affirm the trial court’s
order terminating the parental rights of Mother and Father. We deny counsels’ respective motions
to withdraw because they do not assert any ground for withdrawal other than the conclusion that
the appeal is frivolous. See In re P.M., 520 S.W.3d at 27-28 (explaining that appointed counsel’s
duty to a client extends through exhaustion or waiver of all appeals, including the filing of a
petition for review in the Texas Supreme Court).
Liza A. Rodriguez, Justice
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