Opinion
05-23-00460-CV
12-28-2023
IN THE INTEREST OF Z.D.R.R. AND Z.U.C., CHILDREN
On Appeal from the County Court Kaufman County, Texas Trial Court Cause No. 110045-CC
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant appeals from the trial court's April 25, 2023 order in a suit to modify the parent-child relationship. Although the Department of Family and Protective Services initiated the underlying lawsuit and sought termination of the parents' parental rights, it subsequently filed a notice of nonsuit and for dismissal of the temporary managing conservatorship of the children. The trial court granted the Department's requested relief. In light of the Department's departure from the case, we designated this appeal as an ordinary/non-accelerated appeal. Upon further review of the record, we conclude this is an accelerated appeal because it was initiated as a child protection case. See Tex. R. App. P. 28.4(a)(1); In Int. of C.L., No. 05-17-00455-CV, 2017 WL 4563999, at *1 (Tex. App.-Dallas Oct. 13, 2017, no pet.).
Before the Court is the December 5, 2023 motion of Tina Hall Montoya, court-appointed counsel for appellant, to withdraw asserting that there is no good faith argument to make on appeal. We DENY the motion without prejudice to filing, within twenty days of the date of this order, a motion to withdraw supported by an Anders brief. See Anders v. California, 386 U.S. 738 (1967); In Int. of C.L., No. 05-17-00455-CV, 2017 WL 4563999, at *1.