Opinion
01-22-00661-CV
02-14-2023
IN THE INTEREST OF J.L.R. AND T.D.L., CHILDREN
On Appeal from the 314th District Court Harris County, Texas Trial Court Case No. 2019-02909J
Panel consists of Hightower, Rivas-Molloy, and Farris Justices.
MEMORANDUM OPINION
PER CURIAM.
This is an appeal from the decree terminating parental rights signed August 25, 2022. On January 19, 2023, the Department of Family and Protective Services filed an unopposed motion asking, pursuant to Texas Rule of Appellate Procedure 42.1, that this Court dispose of the appeal pursuant to the terms of a settlement agreement reached by the parties to this case. See Tex. R. App. P. 42.1(a)(2)(A).
The agreement attached to the motion, signed by all of the parties or their attorneys, including the attorney ad litem for the children, requests that the decree terminating the parental rights of the mother C.E.R. to the children J.L.R. and T.D.L. and of the father F.N.L. to T.D.L. be reversed and remanded for a new trial to effectuate the terms of that settlement agreement. The motion asks this Court to render judgment (1) reversing paragraphs 8, 9, and 12 of the trial court's final decree; (2) remanding the case for a new trial on the Department's cause of action for termination of parental rights against C.E.R. and F.N.L.; (3) affirming all other provisions of the final decree; and (4) ordering that the clerk immediately issue the mandate.
Paragraphs 8, 9, and 12 of the trial court's final decree terminate the parental rights of C.E.R. (mother) and F.N.L. (father) and appoint the Department as the children's sole managing conservator, respectively.
The motion is granted. In accordance with the parties' agreement, we reverse paragraphs 8, 9, and 12 of the decree, remand the case for a new trial on the Department's cause of action for termination of parental rights, and affirm the remainder of the decree. See id.; L.M. v. Dep't of Family & Protective Servs., No. 01-16-00888-CV, 2017 WL 586511, at *1 (Tex. App.-Houston [1st Dist.] Feb. 14, 2017, no pet.) (mem. op.) (reversing portion of trial court's order of termination and remanding for new trial based on unopposed motion to render judgment effectuating parties' agreement pursuant to Rule 42.1(a)(2)(A)). The Clerk of this Court is directed to issue the mandate immediately. See Tex. R. App. P. 18.1(c). We dismiss any other pending motions as moot.