In the Interest of P.H., a Child v. the State of Texas ( 2023 )

SET ASIDE and REMAND and Opinion Filed October 24, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00637-CV
IN THE INTEREST OF P.H., A CHILD
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 89,795
MEMORANDUM OPINION
Before Justices Partida-Kipness, Reichek, and Miskel
Opinion by Justice Reichek
This is the second time this child protection case has been before the Court.
In 2022, we reversed the trial court’s order terminating Father’s parental rights and
remanded for further proceedings. See In re P.H., No. 05-22-00617-CV, 2022 WL
17663648 (Tex. App.—Dallas Dec. 14, 2022, no pet.) (mem. op.).
Father now appeals the trial court’s May 28, 2023 “Amended Final Order in
Suit Affecting the Parent–Child Relationship and Order of Termination Following
Appeal.” The parties have filed an agreed motion for remand to the trial court. In
the motion, they state they have entered into a mediated settlement agreement which
renders Father’s appeal moot. They ask the Court to set aside the trial court’s
judgment and remand the case to the trial court for rendition of judgment in
accordance with their agreement. See TEX. R. APP. P. 42.1(a)(2)(B). We grant the
motion. As requested by the parties, we set aside the trial court’s order as to Father
without regard to the merits and remand the case to the trial court for rendition of
judgment in accordance with the parties’ settlement agreement.
/Amanda L. Reichek/
AMANDA L. REICHEK
230637F.P05 JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF P.H., A On Appeal from the 196th Judicial
CHILD District Court, Hunt County, Texas
Trial Court Cause No. 89,795.
No. 05-23-00637-CV Opinion delivered by Justice
Reichek. Justices Partida-Kipness
and Miskel participating.
In accordance with this Court’s opinion of this date, we SET ASIDE the trial
court’s May 28, 2023 order as to Francis Patrick Hines without regard to the merits
and REMAND this case to the trial court for rendition of judgment in accordance
with the parties’ mediated settlement agreement.
It is ORDERED that, subject to any agreement of the parties, each party bear
its own costs of this appeal.
Judgment entered this 24th day of October, 2023.
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