Court of Civil Appeals of Texas, 2022

in the Matter of S.B.

in the Matter of S.B.
Court of Civil Appeals of Texas · Decided February 17, 2022

in the Matter of S.B.

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00309-CV ___________________________ IN THE MATTER OF S.B.

On Appeal from the 323rd District Court Tarrant County, Texas Trial Court No. 323-109356-18

Before Kerr, Birdwell, and Bassel, JJ.

Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT We have considered “Appellant’s Amended Motion to Withdraw Appeal.”1 We grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1), 43.2(f).

Per Curiam Delivered: February 17, 2021

Appellant is a juvenile. Because she had not signed the motion and because we had not received any documents showing that she had waived her right to appeal in writing or on the record in the trial court, we abated the appeal for the trial court to determine whether she had voluntarily waived her right to appeal. At a hearing on the record, the juvenile stated that she did not want to pursue her appeal. This dismissal is thus in accord with Texas Family Code Section 51.09’s requirements. See Tex. Fam.

Code Ann. § 51.09; In re C.A., Nos. 02-19-00060-CV, 02-19-00061-CV, 2019 WL 1716337, at *1 n.1 (Tex. App.—Fort Worth Apr. 18, 2019, no pet.) (per curiam) (mem. op.).

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