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

> Texas Court of Appeals, 1st District (Houston) · June 12, 2018

URL: https://www.frixlaw.com/law-library/cases/4283552

## Case

- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** June 12, 2018
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4283552

## Opinion text

Opinion issued June 12, 2018

In The

Court of Appeals
For The

First District of Texas
————————————
NO. 01-18-00245-CV
———————————
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4283552. Public record. Not legal advice.