in the Matter of A.M.M., a Juvenile

• Court: Court of Appeals of Texas
• Decided: April 10, 2003
• Docket: 09-03-00046-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-03-046 CV

IN THE MATTER OF A.M.M., A JUVENILE

On Appeal from the County Court at Law No. 3

Montgomery County, Texas

Trial Cause No. 02-07-04864 JV

MEMORANDUM OPINION ⁽¹⁾

On October 1, 2002, the trial court signed an adjudication order, found A.M.M. to be a child engaged in delinquent conduct, placed A.M.M. on probation until age 18, and placed A.M.M. in a drug rehabilitation facility. Following the recommendation of the Juvenile Probation Department following A.M.M.'s successful completion of the program, the trial court signed an order on December 19, 2002, releasing A.M.M. from the facility to the custody of her aunt. A.M.M.'s mother, Janice Rae, filed a notice of appeal on January 14, 2003.

On February 27, 2003, we asked the parties to brief the issue of Rae's standing to appeal. Both parties filed responses. The State contends both that Rae lacks standing to appeal on her own behalf and that the order of December 19, 2002, is not an appealable order. See Matter of A.E.E., 89 S.W.3d 250 (Tex. App.-Texarkana 2002, no pet.). Rae concedes that she is appealing on her own behalf, not on behalf of the juvenile, but argues that A.M.M.'s court-appointed guardian failed to file notice of appeal notwithstanding Rae's desire that appeal be perfected. The statute on which she relies, Section 56.01 of the Family Code, provides that an appeal may be taken by or on behalf of a child, from an order of disposition, an order of modification of a previous disposition, an order of commitment, or by a person being transferred to the Texas Department of Criminal Justice from the order of transfer. Tex. Fam. Code Ann. § 56.01(c) (Vernon 2002). If the child and her parent or guardian express a desire to appeal, the attorney who represented the child before the juvenile court shall file notice of appeal. Tex. Fam. Code Ann. § 56.01(f) (Vernon 2002). Nothing in the record suggests A.M.M. expressed a desire to appeal.

We hold that the notice of appeal filed in this cause did not invoke our jurisdiction. Accordingly, the appeal is dismissed.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered April 10, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.