On May 13, 2019, the attorney for juvenile J.A.C. filed a motion to dismiss this appeal from a juvenile court delinquency adjudication. We denied the motion to dismiss, holding that our opinion in In re E.J.E., 557 S.W.3d 615 (Tex.App.—El Paso 2007, op. on motion) required a motion to dismiss a juvenile case to be supported by a written waiver of the juvenile's right to appeal in accordance with Section 51.09 of the Texas Family Code. The Court gave Appellant ten days to correct the defect, but Appellant did not do so.

See TEX. FAM. CODE ANN. § 56.01(B) (PROVIDING THAT JUVENILE APPEALS ARE GOVERNED BY THE RULES OF CIVIL CASES); see also TEX. R. APP. P. 42.1 (governing the dismissal of civil appeals). And in the case of a juvenile, this Court requires that a written waiver of the right to appeal comply with Texas Family Code § 51.09. See In re E. J. E., 557 S.W.3d 615, 617 (Tex. App.-El Paso 2017, opin. on motion) (holding that to voluntarily dismiss an appeal, a juvenile appellant must waive the right to appeal in accordance with § 51.09 of the Family Code).

P . 42.1(a)(1). However, the rule does not address whether a juvenile who has exercised his statutory right to appeal by filing a notice of appeal must thereafter waive that right in accordance with section 51.09 of the Family Code.In re E.J.E. , 557 S.W.3d 615, 616 (Tex. App.—El Paso 2017, order). This Court has yet to speak on the issue, but other appellate courts have required an affirmative waiver of the juvenile's right to appeal pursuant to section 51.09 before granting a voluntary motion to dismiss.

(mem. op.); In re E.J.E., 557 S.W.3d 615, 617 (Tex. App.-El Paso 2017, op. on motion).

Pursuant to the trial court's findings, this Court reinstated the appeal and directed Appellant's counsel to file a motion to dismiss in compliance with Texas Rule of Appellant Procedure 42.1 and Texas Family Code 51.09 with this Court on or before February 10, 2024. See In re E. J. E., 557 S.W.3d 615, 617 (Tex. App.-El Paso 2017, opin. on motion) (requiring compliance with Family Code § 51.09 and Texas Rule of Appellate Procedure 42.1 in juvenile cases); see also Tex. Fam. Code Ann. § 56.01(b) (providing that juvenile appeals are governed by the rules of civil cases); Tex.R.App.P. 42.1 (governing the dismissal of civil appeals).

We conclude that this is sufficient to show that K.F.C. has knowingly waived his right to appeal. See In re E.J.E., 557 S.W.3d 615, 617 (Tex. App.-El Paso 2017, opin. on motion) (holding that when a juvenile seeks to dismiss his appeal pursuant to Rule 42.1, the motion must be supported by a written waiver of the right to appeal in accordance with Section 51.09 of the Texas Family Code; requirement can be met by including the appropriate waiver language in the motion and having the juvenile sign the motion, or by attaching the juvenile's written waiver of the right to appeal as an exhibit to the motion to dismiss). Accordingly, we grant K.F.C.'s motion and dismiss the appeal.

has knowingly waived his right to appeal. See In re E.J.E., 557 S.W.3d 615, 617 (Tex.App.--El Paso 2017, opin. on motion)(holding that when a juvenile seeks to dismiss his appeal pursuant to Rule 42.1, the motion must be supported by a written waiver of the right to appeal in accordance with Section 51.09 of the Texas Family Code; requirement can be met by including the appropriate waiver language in the motion and having the juvenile sign the motion, or by attaching the juvenile's written waiver of the right to appeal as an exhibit to the motion to dismiss). Accordingly, we grant J.Z.

On May 13, 2019, Appellant's court-appointed attorney filed a motion to dismiss the appeal, but the motion was not signed by the Appellant. The Court notified counsel that the motion was defective because it did not comply with the Court's opinion in In re E.J.E., 557 S.W.3d 615 (Tex.App.--El Paso 2017, opinion on motion). Because Appellant is a juvenile, the record must show that Appellant has affirmatively waived his right to appeal before the appeal can be dismissed.

Pending before the Court is Appellant's motion to dismiss his appeal pursuant to TEX.R.APP.P. 42.2. On May 13, 2019, the Court notified Appellant's counsel that a motion to dismiss filed in a juvenile case must comply with Rule 42.1 and with this Court's opinion issued in In re E.J.E., 557 S.W.3d 615 (Tex.App.--El Paso 2017, opinion on motion). The motion is defective because it is not supported by a written waiver of the juvenile's right to appeal in accordance with Section 51.09 of the Texas Family Code.

See Tex. Fam. Code Ann. § 51.09; In re E.J.E., 557 S.W.3d 615, 617 (Tex. App.—El Paso 2017, order). Per Curiam Delivered: April 18, 2019