Document Info

DocketNumber: 03-19-00153-CV

Filed Date: 3/28/2019

Status: Precedential

Modified Date: 3/29/2019

  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-19-00153-CV
    A. G., Appellant
    v.
    Texas Department of Family & Protective Services, Appellee
    FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT
    NO. C2019-0144A, HONORABLE MELISSA McCLENAHAN, JUDGE PRESIDING
    MEMORANDUM OPINION
    PER CURIAM
    Counsel for appellant A.G. has filed a letter with this Court advising us that her
    pleading entitled “Notice of Appeal from Associate Judge’s Hearing and Request for Hearing
    De Novo,” which was docketed in this Court as a notice of appeal, was instead a request for the
    district court to hold a de novo hearing on a matter related to the Department’s suit seeking
    termination of A.G.’s parental rights. See Tex. Fam. Code § 201.015. Accordingly, counsel asks
    that this Court “dispose of or abate this appeal as the Court sees fit, in such a manner that will not
    prejudice or hinder [her] client’s right and ability to seek an appeal from any further rulings or
    proceedings in this case.” Under these circumstances, we abate the appeal and instruct counsel to
    file a status report with this Court, confirming that the matter has been set for a de novo hearing in
    the referring court below. The appeal will be reinstated upon receipt of that status report, which is
    due to be filed in this Court no later than April 29, 2019.
    Before Justices Goodwin, Baker, and Triana
    Abated
    Filed: March 28, 2019
    2