In Interest of A.M.W

Full title: IN THE INTEREST OF A.M.W. AND A.H.W., Minor Children

Court: Court of Appeals of Texas, Tenth District, Waco

Date published: Nov 15, 2006

No. 10-05-00123-CV (Tex. App. Nov. 15, 2006)

Opinion

No. 10-05-00123-CV

Opinion delivered and filed November 15, 2006.

Appeal from the 19th District Court, McLennan County, Texas, Trial Court No. 2003-2553-1.

Opinions and judgment withdrawn Appeal dismissed; motion for rehearing dismissed as moot.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

MEMORANDUM OPINION

PER CURIAM.

After a bench trial, Appellant Barbara Bernard appealed the trial court's termination of her parental rights to her two daughters, complaining of the sufficiency of the evidence. While the appeal was pending, the Department of Family and Protective Services mistakenly placed the children for adoption, and they were adopted on November 19, 2005 without any notice to Appellant.

A majority of this court, in a February 22, 2006 memorandum opinion, reversed the termination order, finding factually insufficient the evidence that termination was in the children's best interest, and ordered the case remanded for a new trial.

The Department filed a motion for rehearing, and a majority of this court ordered the parties to mediation. See In re A.M.W., No. 10-05-00123-CV, 2006 WL 1523278 (Tex.App.-Waco, May 17, 2006, order); In re A.M.W., No. 10-05-00123-CV, 2006 WL 1350164 (Tex.App.-Waco, May 17, 2006) (Gray, C.J., dissenting). Meanwhile, Appellant filed a bill of review in the trial court to challenge the adoption.

The mediation was successful, and we abated the appeal so that the parties could effectuate the terms of their agreement in the trial court. See In re A.M.W., 193 S.W.3d 927 (Tex.App.-Waco, July 12, 2006, order); TEX. R. APP. P. 42.1(a)(2)(C).

The parties have now filed a joint motion to dismiss the appeal; they inform us that the bill of review has been dismissed and that the adoption is final. We grant the joint motion to dismiss the appeal. TEX. R. APP. P. 42.1(a)(2)(A).

The memorandum opinion and judgment dated February 22, 2006, and the dissenting opinion dated February 23, 2006, are withdrawn. TEX. R. APP. P. 42.1(c). The appeal is dismissed, and the motion for rehearing is dismissed as moot.