DocketNumber: 04-10-00849-CV
Filed Date: 5/18/2011
Status: Precedential
Modified Date: 10/16/2015
MEMORANDUM OPINION No. 04-10-00849-CV IN THE INTEREST OF A.N.F. From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2010-PA-00030 Honorable Charles E. Montemayor, Associate Judge, Presiding Opinion by: Steven C. Hilbig, Justice Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Delivered and Filed: May 18, 2011 MOTION TO WITHDRAW GRANTED; AFFIRMED V.G. appeals the judgment terminating her parent-child relationship with A.N.F. and the court’s order finding her appellate points frivolous. See TEX. FAM. CODE ANN. § 263.405(d)(3) (West 2008). Appellant’s court-appointed appellate attorney filed a motion to withdraw and a brief containing a professional evaluation of the record demonstrating there are no arguable grounds to be advanced and concluding the appeal is frivolous. The brief meets the requirements of Anders v. California,386 U.S. 738
(1967). See In re R.R., No. 04-03-00096-CV,2003 WL 21157944
, *4 (Tex. App.—San Antonio May 21, 2003, order) (applying Anders procedure to appeals from orders terminating parental rights), disp. on merits,2003 WL 22080522
(Tex. App.—San Antonio Sept. 10, 2003, no pet.) (mem. op.). Appellant was provided a copy of the 04-10-00849-CV brief and informed of her right to review the record and file her own brief. See Nichols v. State,954 S.W.2d 83
, 85-86 (Tex. App.—San Antonio, July 23, 1997, no pet.); In re R.R.,2003 WL 21157944
, at *4. Appellant did not file a pro se brief. We have reviewed the record and the attorney’s brief, and we agree with counsel that the appellate points do not present a substantial question for appellate review. See TEX. CIV. PRAC. & REM. CODE ANN. § 13.003(b) (West 2002); TEX. FAM. CODE ANN. § 263.405(d)(3) (incorporating section 13.003(b) by reference). Accordingly, we hold the trial court did not abuse its discretion in finding the points of appeal to be frivolous. We grant the motion to withdraw and affirm the trial court’s judgment. Steven C. Hilbig, Justice -2-