in the Matter of J. S.

Opinion issued November 1, 2016
In The
Court of Appeals
For The
First District of Texas
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NO. 01-10-00646-CV
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IN THE MATTER OF J. S.
On Appeal from the 313th District Court
Harris County, Texas
Trial Court Case No. 1000824J
MEMORANDUM OPINION
J.S., a juvenile, stipulated to the evidence of a Class B misdemeanor of
evading detention and was adjudicated delinquent in the underlying proceeding and
placed on probation for one year. J.S.’s mother, acting pro se, subsequently filed a
notice of appeal under her own signature in the trial court. We abated the appeal for
the trial court to determine whether J.S. retained his right to appeal and whether J.S.
wished to prosecute the appeal, explaining that (1) an appeal, if desired, could not
proceed without J.S.’s consent and (2) neither the purported notice of appeal nor any
documents on file indicated a desire by J.S. to appeal. See TEX. FAM. CODE. §
56.01(e), (f) (counsel must file notice of appeal if “child and his parent, guardian, or
guardian ad litem express a desire to appeal.”) (emphasis added). No party has
sought reinstatement of the appeal, and there has been no indication of a desire by
J.S. to pursue the appeal. Accordingly, we reinstate and dismiss the appeal for want
of prosecution.
PER CURIAM
Panel consists of Justices Bland, Massengale, and Lloyd.
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