H. B., T. B. and C. B. v. Department of Family and Protective Services
H. B., T. B. and C. B. v. Department of Family and Protective Services
Opinion
Opinion issued March 31, 2011
In The
Court of Appeals
For The
First District of Texas
NO. 01-11-00044-CV
IN RE H.B., T.B., AND C.B.
On Appeal from the 313th District Court
Harris County, Texas
Trial Court Cause No. 2010-01752J
MEMORANDUM OPINION
Appellee, the Department of Family & Protective Services (“DFPS”), has filed a motion to dismiss the appeal brought by appellant, Sherri Tomlinson. DFPS notes that the appeal is moot as the trial court has granted Tomlinson a new trial from the judgment terminating her parental rights to her three minor children. DFPS asserts that the trial court’s order provides Tomlinson with “her full and complete relief.” Tomlinson has filed a letter with this Court stating that she does not object to DFPS’s motion to dismiss. Counsel has also advised this Court that she considers the motion to dismiss to be an agreed motion. Thus, we treat DFPS’s motion to dismiss as an agreed motion. Tex. R. App. P. 42.1(a)(2). No opinion has issued.
Accordingly, we grant the motion and dismiss the appeal. See id.[1]
PER CURIAM
Panel consists of Justices Jennings, Higley, and Brown.
[1] We do not have a clerk’s record on file. However, in its motion to dismiss, DFPS attaches a copy of the trial court’s order granting Tomlinson’s new-trial motion. In the trial court’s order, the trial court notes that Tomlinson erroneously identified the trial court cause number as 2010-05720J, when in fact the correct trial court cause number is 2010-01752J. DFPS also notes this error, and does not raise any objections.
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