in the Interest of A.M., B.M., and E.M., Children ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00317-CV
IN THE INTEREST OF A.M., B.M., and E.M., Children
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-PA-00328
Honorable Charles E. Montemayor, Judge Presiding
Opinion by: Patricia O. Alvarez, Justice
Sitting: Marialyn Barnard, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: September 17, 2014
AFFIRMED
Appellant Henry M. appeals the trial court’s termination of his parental rights to his
children A.M., B.M., and E.M. The trial court determined Appellant constructively abandoned his
children and failed to comply with his court-ordered service plan. See TEX. FAM. CODE ANN.
§ 161.001(1)(N), (O) (West 2014). The court also determined that terminating Appellant’s
parental rights was in the children’s best interests. See id. § 161.001(2).
Appellant’s court-appointed attorney filed a brief containing a professional evaluation of
the record. In the brief, counsel asserts he diligently reviewed the record but could not find “any
point of error upon which a non-frivolous appeal might be based.” Based on his review, counsel
concludes the record supports the trial court’s order.
04-14-00317-CV
Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967).
See In re D.D., 279 S.W.3d 849, 850 (Tex. App.—Dallas 2009, pet. denied) (applying Anders
procedure in an appeal from termination of parental rights); In re D.E.S., 135 S.W.3d 326, 329
(Tex. App.—Houston [14th Dist.] 2004, no pet.); In re RR, No. 04–03–00096–CV, 2003 WL
21157944, at *4 (Tex. App.—San Antonio May 21, 2003, no pet.) (mem. op.). Counsel provided
Appellant with a copy of the Anders brief and informed him of his right to review the record and
file a pro se brief. Appellant has not filed a pro se brief.
After reviewing the record, we agree the appeal is frivolous and without merit. The trial
court’s order is affirmed; counsel’s motion to withdraw is granted. See Nichols v. State, 954
S.W.2d 83, 85–86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177
n.1 (Tex. App.—San Antonio 1996, no pet.).
Patricia O. Alvarez, Justice
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