Opinion

in the Interest of A.J.H., Child v. Department of Family and Protective Services

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jun 12, 2018
Status
Published
Cited by
0 cases
Authority
More cited than 4.5%

The opinion

Opinion issued June 12, 2018

In The

Court of Appeals

For The

First District of Texas

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NO. 01-18-00245-CV

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IN THE INTEREST OF A.J.H., CHILD, Appellant

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Case No. 2017-00233J

ORDER

D.G. and E.H. appeal from a decree of termination of parental rights signed

on March 8, 2018. On May 31, 2018, appellant D.G. advised this court that the trial

court had granted his motion for new trial. D.G. filed an unopposed motion to

dismiss his appeal as moot.

When the trial court grants a motion for new trial, it returns the case to its

position before trial and renders the appeal moot. See TEX. R. APP. P. 21.9(b);

Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559, 563 (Tex. 2005). Because

the trial court granted D.G.’s motion for new trial, his appeal of the trial court’s

decree is moot.

Accordingly, we grant the motion and dismiss D.G.’s appeal. See TEX. R.

APP. P. 42.1(a), 43.2(f). The appeal of E.H. remains pending.

PER CURIAM

Panel consists of Justices Higley, Brown, and Caughey.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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