In the Interest of J.J.W. and J.J.W., Children

285 S.W.3d 893 (Tex. App.—Texarkana 2009) · Court of Appeals of Texas, Texarkana · May 19, 2009 · No. No. 06-09-00030-CV

Summary

The Texas Court of Appeals for the Sixth District at Texarkana addressed an indigent parent's request to abate an accelerated appeal from termination of parental rights proceedings. The court held that, because the trial court had found the appeal frivolous, the appellate record and briefing were limited to whether the appeal was frivolous, and it set deadlines for the parties' briefs.

Holdings

  1. The motion to abate the appeal was overruled because, after the trial court found the appeal frivolous, appellant was not entitled at that juncture to a free clerk's record and reporter's record of the underlying termination trial.
  2. At that juncture, the court's review was limited to whether the appeal was frivolous.

Questions Presented

  1. Whether the appeal should be abated so that the termination proceedings could be transcribed and a full appellate record prepared.
  2. What portion of the record the appellant was entitled to receive after the trial court found the parental-rights termination appeal frivolous.
  3. Whether the appellate court's review at that stage was limited to the issue of frivolousness.

Disposition

other

Cases Cited (5)

  • In re R.D.G., No. 12-07-00322-CV, 2008 WL 2122413, at *1, 2008 Tex. App. LEXIS 3698, at *3-4 (Tex. App.—Tyler May 21, 2008, no pet.) (mem. op.)(followed)
  • In re D.M., III, No. 04-08-00264-CV, 2008 WL 4500310, at *2, 2008 Tex. App. LEXIS 7677, at *5 n. 2 (Tex. App.—San Antonio Oct. 8, 2008, no pet.) (mem. op.)(followed)
  • In re M.R.J.M., 193 S.W.3d 670 (Tex. App.—Fort Worth 2006, no pet.)(followed)
  • M.C. v. Tex. Dep't of Family & Protective Servs., ___ S.W.3d ___, ___ (Tex. App.—El Paso 2008, no pet. h.)(followed)
  • In re A.F., 259 S.W.3d 303 (Tex. App.—Beaumont 2008, no pet.)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…