in the Matter of F.D.L., a Child ( 2011 )

Opinion filed November 17, 2011
In The
Eleventh Court of Appeals
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No. 11-11-00222-CV
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IN THE MATTER OF F.D.L., A CHILD
On Appeal from the County Court at Law
Midland County, Texas
Trial Court Cause No. J06219
MEMORANDUM OPINION
This is an appeal from a finding that F.D.L. engaged in delinquent conduct. F.L. is the
child’s father and joint managing conservator. With the assistance of the child’s retained
counsel, he filed a notice of appeal on behalf of the child. F.L. has now filed a motion to dismiss
the appeal pursuant to TEX. R. APP. P. 42.2 wherein he seeks to withdraw his notice of appeal and
dismiss the appeal. The child’s retained counsel also signed the motion to dismiss the appeal.
We note that Rule 42.2 is the rule governing the dismissal of criminal appeals. Appeals
in juvenile proceedings are governed by the appellate rules for civil appeals. See TEX. FAM.
CODE ANN. § 56.01(b) (West Supp. 2011). Thus, TEX. R. APP. P. 42.1 applies. F.L.’s motion
complies with Rule 42.1(a)(1). Accordingly, the motion is granted.
The notice of appeal is withdrawn, and the appeal is dismissed.
PER CURIAM
November 17, 2011
Panel consists of: Wright, C.J.,
McCall, J., and Hill, J.1
1
John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.
2