In the Matter of R. I. M-L., a Juvenile v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2025
• Docket: 08-24-00334-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ No. 08-24-00334-CV IN THE MATTER OF § Appeal from the R. I. M.-L., § 65th District Court a Juvenile. § of El Paso County, Texas

§ (TC# 2000122)

ME MO RAN DU M O PI N I O N

Appellant, R. I. M.-L., a juvenile represented by appointed counsel, has filed an amended

motion to voluntarily dismiss his appeal pursuant to Texas Rule of Appellate Procedure 42.2.

Texas Rule of Appellate Procedure 42.2 governs the dismissal of criminal appeals. Tex. R.

App. P. 42.2. Because R. I. M.-L. is a juvenile, the motion to dismiss is instead governed by Texas

Rule of Appellate Procedure 42.1. See Tex. Fam. Code Ann. § 56.01(b) (providing that juvenile

appeals are governed by the rules of civil cases); see also Tex. R. App. P. 42.1 (governing the

dismissal of civil appeals). While Rule 42.1 provides for the dismissal of an appeal without the

signature of the appellant, in the case of a juvenile, this Court requires a written waiver of the right

to appeal in compliance with Texas Family Code § 51.09. See In re E. J. E., 557 S.W.3d 615, 617

(Tex. App.—El Paso 2017, no pet.) (opin. on motion) (holding that a juvenile appellant must waive

the right to appeal in accordance with Family Code § 51.09 to voluntarily dismiss an appeal). Section 51.09 requires that: “(1) the waiver is made by the child and the attorney for the

child; (2) the child and the attorney waiving the right are informed of and understand the right and

the possible consequences of waiving it; (3) the waiver is voluntary; and (4) the waiver is made in

writing or in court proceedings that are recorded.” Tex. Fam. Code. Ann. § 51.09. R. I. M.-L.’s

motion contains language addressing all § 51.09 requirements and is signed by R. I. M.-L. and his

appointed counsel. See In re E. J. E., 557 S.W.3d at 617 (“[Waiver] can be accomplished by

including the appropriate waiver language in the motion and having the juvenile sign the

motion[.]”).

Accordingly, we grant R. I. M.-L.’s motion and dismiss this appeal.

LISA J. SOTO, Justice

March 21, 2025

Before Salas Mendoza, C.J., Palafox and Soto, JJ.