Court of Civil Appeals of Texas, 2019

in the Matter of J. A. C., a Juvenile

in the Matter of J. A. C., a Juvenile
Court of Civil Appeals of Texas · Decided May 30, 2019

in the Matter of J. A. C., a Juvenile

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN THE MATTER OF J. A. C., A § No. 08-19-00042-CV JUVENILE, § Appeal from the Appellant.

§ 65thDistrict Court § of El Paso County, Texas § (TC# 1800828) § ORDER Pending before the Court is Appellant’s motion to dismiss his appeal pursuant to TEX.R.APP.P. 42.2. On May 13, 2019, the Court notified Appellant’s counsel that a motion to dismiss filed in a juvenile case must comply with Rule 42.1 and with this Court’s opinion issued in In re E.J.E., 557 S.W.3d 615 (Tex.App.--El Paso 2017, opinion on motion). The motion is defective because it is not supported by a written waiver of the juvenile’s right to appeal in accordance with Section 51.09 of the Texas Family Code. The Court gave Appellant ten days to correct the defect in the motion, but Appellant has not done so. Consequently, the motion to dismiss the appeal the appeal is DENIED. Appellant’s brief is due to be filed no later than June 29, 2019.

IT IS SO ORDERED this 30th day of May, 2019.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.

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