Opinion
NUMBER 13-12-00018-CV
07-19-2012
IN THE INTEREST OF A. S. A., A. A., AND v. D. C., MINOR CHILDREN
On Appeal from the County Court at Law No. 5
of Nueces County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Vela
Memorandum Opinion Per Curiam
The parties to this appeal have filed an "Agreed Motion to Enter Agreement to Render Judgment" pursuant to 42.1(a)(2)(B) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 42.1(a)(2)(B). The parties request that the judgment of July 14, 2011, and September 23, 2011 be reversed and the matter remanded to the trial court for a new trial. They so request because the Texas Department of Family and Protective Services (Department) agrees that appellant was denied her most significant due-process right—the right to be heard at a meaningful time and in a meaningful manner and to call and cross-examine witnesses.
We GRANT the motion and REVERSE the trial court's judgment of July 14, 2011, and September 23, 2011, without regards to the merits, maintaining all prior orders appointing the Department as temporary managing conservator of the children, and REMAND this case to the trial court for a new trial in accordance with the parties' agreement. See TEX. R. APP. P. 42.1 (a)(2)(B), 43.2(d).
Costs will be taxed against appellant. See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs against the appellant.").
PER CURIAM Delivered and filed
19th day of July, 2012.