Opinion
No. 04-15-00634-CV
04-06-2016
IN THE INTEREST OF J.E.L. and D.C.L., Children
MEMORANDUM OPINION
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2014-PA-02145
Honorable Richard Garcia, Judge Presiding Opinion by: Sandee Bryan Marion, Chief Justice Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice AFFIRMED
This is an appeal from the trial court's Final Order in Suit Affecting the Parent-Child Relationship in which the trial court did not terminate parental rights, but instead, appointed the children's maternal grandmother as their managing conservator and the children's parents as their possessory conservators. The court-appointed attorney and the court-appointed guardian ad litem for the children's mother filed a brief containing a professional evaluation of the record and demonstrating there are no arguable grounds to be advanced. Counsel conclude the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at * 4 (Tex. App.—San Antonio May 21, 2003, no pet.) (applying Anders procedure in appeal from termination of parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio Sept. 10, 2003, no pet.) (mem. op.); see also In re J.J., 04-13-00002-CV, 2013 WL 2327087, at *1 (Tex. App.—San Antonio May 29, 2013, no pet.) (mem. op.) (applying Anders to final order in which trial court did not terminate appellant's parental rights, but appointed maternal grandparents permanent managing conservators of the child, and appellant and respondent-mother as possessory conservators.). Counsel provided appellant with a copy of the brief. Appellant was informed of her right to review the record and advised of her right to file a pro se brief. The State waived its right to file an appellee's brief unless appellant filed a pro se brief. Appellant has not requested the record or filed a brief.
After reviewing the record and counsels' brief, we agree the appeal is frivolous and without merit. The judgment of the trial court is affirmed. We DENY counsels' motion to withdraw. See In the Interest of P.M., No. 15-0171, 2016 WL 1274748 (Tex. Apr. 1, 2016).
Sandee Bryan Marion, Chief Justice