Court of Civil Appeals of Texas, 2015

in the Interest of K.D., Children

in the Interest of K.D., Children
Court of Civil Appeals of Texas · Decided December 29, 2015

in the Interest of K.D., Children

Opinion

AFFIRM; and Opinion Filed December 29, 2015.

In The QI:ourt of AppeaLs 1J1iffq ilistritt of Wcxas at ilallas No. 05-15-01185-CV IN THE INTEREST OF KA.D. AND KE.D., CHILDREN On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-14-783-W MEMORANDUM OPINION Before Justices Lang-Miers, Brown, and Schenck Opinion by Justice Lang-Miers Mother appeals the trial court's order terminating her parental rights to her two children. 1 Mother's appointed counsel filed an Anders brief on Mother's behalf asserting that there are no arguable grounds for reversal and the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); In re D.D., 279 S.W.3d 849, 849-50 (Tex. App.-Dallas 2009, pet. denied) (procedures set forth in Anders are applicable to appeal from order terminating parental rights).

When an Anders brief is filed, our duty is to determine whether there are any arguable grounds for reversal and, if so, to remand the case to the trial court for the appointment of new counsel to address the issues. See In re D.D., 279 S.W.3d at 850 (citing Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005)). The Anders brief filed by Mother's appellate counsel

r:~.· ,, t·-r~l"'\vfl'= J"""'- ~-V n IN The trial court also terminated Father's parental rights. Father did not appear at trial and is not a pany t't_&lfRIJ'~ifl ;1:~pl!>,5~ ~ot5rh DIST chalkngc the tcr~mnat10n ol'h1s parental righb

z. .... ~ ·.,_. ~. ~\. ~ ~l:a.k 'T" ~: ._ ~ ·, . ~, '- ~. ~~ ~· :- ~~: CT presents a professional evaluation of the record demonstrating why there are no arguable grounds for reversal. Counsel conducted a thorough review of the record and analysis of the legal and factual sufficiency of the evidence related to the grounds for termination and the best interest of the children. Counsel concluded that, after diligently reviewing the record and the law, there was no reversible error about which to argue on appeal and the appeal is frivolous and without merit.

Counsel delivered a copy of the brief to Mother and notified Mother of her right to file a pro se response. Mother did not respond or file a pro se response.

We have reviewed the entire record and the Anders brief. See In re D.D., 279 S.W.3d at 850. We agree there is no reversible error in the record and the appeal is frivolous and without merit. Accordingly, we affirm the trial court's final order terminating Mother's parental rights to her two children and grant counsel's motion to withdraw. See id.

/Elizabeth Lang-Miers/ ________ ELIZABETH LANG-MIERS JUSTICE 151185F.P05

-2- <!rllurt llf AppeaLs lJ1iftq ilistri.d llf Wexas at ilallas JUDGMENT fN THE INTEREST OF KA.D. AND On Appeal from the 304th Judicial District KE.D., CHILDREN Court, Dallas County, Texas Trial Court Cause No. JD-14-783-W.

No. 05-15-0 1185-CV Opinion delivered by Justice Lang-Micrs, Justices Brown and Schenck participating.

In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered this 29th day of December, 2015.

--3- Order entered December 29, 2015

In The QCourt of ~peal~ jftftb mt~trtct of '([exa~ at /Balla~ No. 05-15-01185-CV IN THE INTEREST OF KA.D. AND KE.D., CHILDREN On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-14-783-W ORDER Based on the Court's opinion ofthis date, we GRANT the October 27, 2015 motion of April E. Smith for leave to withdraw as Mother's appointed counsel on appeal. We DIRECT the Clerk of the Court to remove April E. Smith as counsel of record for Mother. We DIRECT the Clerk of the Court to send a copy of this order and all future correspondence to Candace lmair, 5955 Mountain Valley Lane #101-11, Dallas, TX 75211.

Is/ ELIZABETH LANG-MIERS JUSTICE <frturtuf Apprah1 !Hfth Di5hirt 11f Wrxan at Dallm> George L Allen St Courts Building Commerce Street, Su~.e 200 Dallas, Texas 75202

CASE: 05-15-01185-CV CAKDACE IMAR 5955 MOC~TAJ~ VALLEY LANE. fiJOl-ll -· DALlAS, TX 75211 ~,J z@2 @6 6 3 :L ...?Ss:2 i i ::t:·72t:ib t::Ct:':':iF.:l 11\ •t••l\ •'1\•lltl• \•t"\1M~l1\tl\u 1 l't\H •'h• \\nil h\t•l•tl \i

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