Earl Clarence Smith AKA Clarence Earl Smith v. Department of Family and Protective Services ( 2008 )

Opinion issued June 12, 2008

In The

Court of Appeals  

For The

First District of Texas  

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NO. 01-07-00112-CV

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EARL CLARENCE SMITH, Appellant

v.

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee

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On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause No. 2005-08024J

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MEMORANDUM OPINION

Appellant, Earl Clarence Smtih, filed this appeal (appellate cause number 01-07-00112-CV) challenging the trial court's order terminating his parental rights to his minor children, B.H.M. and B.C.M. The trial court subsequently granted Smith's motion for new trial. Following a new trial, Smith's parental rights to the two children were again terminated. Smith has appealed that termination order in appellate cause number 01-07-00648-CV.

Smith has moved to dismiss appellate cause number 01-07-00112-CV. Given that the trial court granted his motion for a new trial, we agree with Smith that the proper course of action is to dismiss the appeal as moot. See Bartlett v. Theriot, No. 06-07-00146-CV, 2008 WL 850205, at *1 (Tex. App.--Texarkana Mar. 31, 2008, no pet.) (mem. op.). Pursuant to his request, we also agree that the clerk's record, reporter's record, and any other filings or documents filed or received in appellate cause number 01-07-00112-CV be transferred by the Clerk of this Court to appellate cause number 01-07-00648-CV.

Accordingly, we dismiss appellate cause number 01-07-00112-CV as moot and order that the clerk's record, reporter's record, and any other filings or documents filed or received in appellate cause number 01-07-00112-CV be transferred to appellate cause number 01-07-00648-CV.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Keyes and Higley.