in the Interest of S.M.G. and H.D.W., Children

Court of Appeals of Texas

in the Interest of S.M.G. and H.D.W., Children

DecidedMarch 13, 2012

Docket07-11-00340-CV

StatusPublished

This text of in the Interest of S.M.G. and H.D.W., Children (in the Interest of S.M.G. and H.D.W., Children) 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 S.M.G. and H.D.W., Children, (Tex. Ct. App. 2012).

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Opinion

NO. 07-11-00340-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

-------------------------------------------------------------------------------- MARCH 13, 2012 --------------------------------------------------------------------------------

IN THE INTEREST OF S.M.G. AND H.D.W., CHILDREN --------------------------------------------------------------------------------

FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;

NO. 59,060-C; HONORABLE JAMES ANDERSON, JUDGE --------------------------------------------------------------------------------

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

In this appeal from an order terminating the parent-child relationship existing between appellant J.W. and his daughters S.M.G. and H.D.W., appellant asserts the trial court reversibly erred by failing to appoint counsel to represent him at the termination hearing. Appellee the Texas Department of Family and Protective Services sought relief including termination of appellant's parental rights in a petition filed in February 2010. The case reached final hearing in July 2011. In response to appellant's brief raising a single issue, the Department has filed a motion which, after notice, we have treated as its appellee's brief. In it, the Department notes our opinion in In re J.M., No. 07-11-0339-CV, 2012 Tex. App. Lexis 904 (Tex.App.--Amarillo Feb. 1, 2012, n.p.h.), and based on our holding in that case concedes the trial court reversibly erred. After review of the record, we agree the circumstances presented are sufficiently similar to those in In re J.M. to require reversal here as well. Accordingly, we sustain appellant's issue, reverse the trial court's judgment and remand the case.

Per Curiam

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NO. 07-11-00340-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

-------------------------------------------------------------------------------- MARCH 13, 2012 --------------------------------------------------------------------------------

IN THE INTEREST OF S.M.G. AND H.D.W., CHILDREN --------------------------------------------------------------------------------

FROM THE 251ST DISTRICT COURT OF RANDALL COUNTY;

NO. 59,060-C; HONORABLE JAMES ANDERSON, JUDGE --------------------------------------------------------------------------------

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

In this appeal from an order terminating the parent-child relationship existing between appellant J.W. and his daughters S.M.G. and H.D.W., appellant asserts the trial court reversibly erred by failing to appoint counsel to represent him at the termination hearing. Appellee the Texas Department of Family and Protective Services sought relief including termination of appellant's parental rights in a petition filed in February 2010. The case reached final hearing in July 2011. In response to appellant's brief raising a single issue, the Department has filed a motion which, after notice, we have treated as its appellee's brief. In it, the Department notes our opinion in In re J.M., No. 07-11-0339-CV, 2012 Tex. App. Lexis 904 (Tex.App.--Amarillo Feb. 1, 2012, n.p.h.), and based on our holding in that case concedes the trial court reversibly erred. After review of the record, we agree the circumstances presented are sufficiently similar to those in In re J.M. to require reversal here as well. Accordingly, we sustain appellant's issue, reverse the trial court's judgment and remand the case.

Per Curiam

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