TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00021-CV NO. 03-08-00150-CV

Monica Ramirez, Appellant v. Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF MCCULLOCH COUNTY, 198TH JUDICIAL DISTRICT NO. 2007019, HONORABLE ROB HOFMANN, JUDGE PRESIDING

MEMORANDUM OPINION

In these accelerated appeals, appellant Monica Ramirez appeals the district court’s order terminating her parental rights to her minor child R.R. See Tex. Fam. Code Ann. § 161.001 (West Supp. 2008).1 On September 11, 2008, this Court issued an opinion abating these appeals and remanding them to the trial court for further proceedings. See Ramirez v. Texas Dep’t of Family & Protective Servs., Nos. 03-08-00021-CV, 03-08-00150-CV (Tex. App.—Austin Sept. 11, 2008), available at http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=17309 and http://www.3rdcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=17310. Upon remand, the parties entered into a settlement agreement, and they have now filed an agreed motion asking this Court to reverse the trial court’s judgment and remand these appeals based on the prior record.

In Cause No. 03-08-00021-CV, Ramirez appeals the order terminating her parental rights and, in Cause No. 03-08-00150-CV, she appeals the trial court’s finding that her appeal is frivolous.

See Tex. R. App. P. 42.1(a)(2). Having reviewed the record, we grant the parties’ motion, reverse the trial court’s judgment, and remand these appeals to the trial court for a new trial.

__________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Waldrop and Henson Reversed and Remanded Filed: October 7, 2008