DocketNumber： 11-07-00052-CV
Filed Date： 6/14/2007
Status： Precedential
Modified Date： 9/10/2015
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Opinion filed June 14, 2007
In The
Eleventh Court of Appeals
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No. 11-07-00052-CV
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IN THE INTEREST OF C.E.L. AND S.M.L., CHILDREN
On Appeal from the 91st District Court
Eastland County, Texas
Trial Court Cause No. PC-05-40103
M E M O R A N D U M O P I N I O N ON M O T I O N F O R R E H E A R I N G
Based upon the verdict of the jury, the trial court entered a judgment in which it terminated both the mother=s and father=s parental rights to their children C.E.L. and S.M.L. Elizabeth Ann Larkin, the mother, perfected an appeal. In accordance with Tex. Fam. Code Ann. ' 263.405 (Vernon Supp. 2006), the trial court determined that her appeal was frivolous. This court set a briefing schedule, but after we received formal findings of fact and conclusions of law from the trial court, we determined that briefing was not necessary. See Section 263.405(g). We neglected to advise the parties of our decision to proceed without briefs, and on June 7, 2007, prior to the filing of Larkin=s brief, we affirmed the trial court=s finding that the appeal was frivolous. On June 11, 2007, Larkin filed her ABrief of Appellant@ in which she challenged the trial court=s finding that the appeal was frivolous. We notified the parties that the ABrief of Appellant@ would be considered as a motion for rehearing. Before Larkin received that notification, she filed her AMotion for Rehearing@ challenging this court=s action when it affirmed the trial court=s findings prior to the time that she filed her brief. The actual AMotion for Rehearing@ was filed on June 13, 2007.
We have now filed Larkin=s brief as it was designated, ABrief of Appellant,@ and find that it was timely filed. We have considered the contentions set forth in that brief, not as a motion for rehearing, but as the ABrief of Appellant.@ Because we have now fully considered the contentions in that brief, Larkin=s actual AMotion for Rehearing@ is overruled. In view of our decision, we are withdrawing our request for a brief from the appellee on this issue.
PER CURIAM
June 14, 2007
Panel consists of: McCall, J., and Strange, J.
Wright, C.J., not participating.