In the Interest of B.C., a Child

Summary

The Court of Appeals for the Seventh District of Texas dismissed an appeal from an order terminating Anthony Lee Torres's parental rights after the trial court granted a new trial. The court taxed appellate costs against Torres and ordered that its mandate issue forthwith.

Holdings

1. The court granted appellant's motion and dismissed the appeal because the trial court had granted a new trial and the appellate court had not issued a decision.
2. Because the parties did not present an agreement for taxation of costs, costs were taxed against appellant.

Questions Presented

1. Whether the appeal should be dismissed under Texas Rule of Appellate Procedure 42.1(a)(1) after appellant moved for dismissal and the trial court granted a new trial before the appellate court issued a decision.
2. How appellate costs should be taxed when the parties have not presented an agreement regarding costs.

Disposition

dismissed