Court of Civil Appeals of Texas, 2023

In the Matter of E. S. v. the State of Texas

In the Matter of E. S. v. the State of Texas
Court of Civil Appeals of Texas · Decided July 7, 2023

In the Matter of E. S. v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00231-CV

In the Matter of E. S.

FROM THE 391ST DISTRICT COURT OF TOM GREEN COUNTY NO. D-22-0033-J, THE HONORABLE BRAD GOODWIN, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant, E.S., a juvenile, has filed a motion to voluntarily dismiss this appeal from an order rendered by the trial court modifying a previous juvenile-court disposition. See Tex. Fam. Code § 56.01(c)(1)(D). Appellant’s motion is accompanied by a waiver that is signed by appellant and his attorney and that includes a statement that appellant has been advised by his attorney regarding his right to appeal and that he understands the consequences of dismissing his appeal. We conclude that appellant’s motion is sufficient to show that he has knowingly and voluntarily waived his right to appeal. See Tex. Fam. Code § 51.09; In re A.S.H., 615 S.W.3d 699, 699–700 (Tex. App.—Amarillo 2021, no pet.); In re J.Z., No. 08-19-00049-CV, 2019 WL 3812365, at *1, (Tex. App.—El Paso Aug. 14, 2019, no pet.) (mem. op). Accordingly, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.1(a)(1). __________________________________________ Thomas J. Baker, Justice Before Justices Baker, Triana, and Smith Dismissed on Appellant’s Motion Filed: July 7, 2023

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