AFFIRMED; Opinion Filed August 7, 2015.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00662-CV
IN THE INTEREST OF A.H., I.H., AND A-C.H., CHILDREN
On Appeal from the 304th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 12-611-W-304
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Brown, and Justice Stoddart
Opinion by Justice Stoddart
Appellants Anthony Wayne Handy (Father) and Francis Marie Hunt (Mother) appeal the
trial court’s final order terminating each of their parental rights to their minor children, A.H.,
I.H., and A-C.H. Father’s and Mother’s appointed counsel filed motions to withdraw, along with
Anders briefs asserting the appeals are without merit and there are no arguable grounds for
reversal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967). We affirm the trial
court’s judgment and grant counsels’ motions to withdraw.
The procedures set forth in Anders are applicable to an appeal from a trial court’s order
terminating parental rights when, as here, appellants’ appointed counsel conclude there are no
non-frivolous issues to assert on appeal. See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—
Dallas 2009, pet. denied); In re D.E.S., 135 S.W.3d 326, 329 (Tex. App.—Houston [14th Dist.]
2004, no pet.); In re K.D., 127 S.W.3d 66, 67 (Tex. App.—Houston [1st Dist.] 2003, no pet.). A
court of appeals is not required to address the merits of claims raised in an Anders brief. See In
re D.D., 279 S.W.3d at 850 (citing Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App.
2005)). Rather, this Court’s duty is to determine whether there are any arguable grounds and, if
so, to remand the case to the trial court so new counsel may be appointed to address the issues.
See id.
Counsel for Father and counsel for Mother filed Anders briefs in which they conclude
that, after a thorough review of the record, the parties’ appeals of the termination of their parental
rights are frivolous and without merit. See Anders, 386 U.S. at 744; In re D.E.S., 135 S.W.3d at
327, 330; In re K.D., 127 S.W.3d at 67. Father’s and Mother’s counsel certified that they
delivered copies of the briefs to Father and Mother, respectively, and informed them of their
rights to examine the appellate record and to file responses. See In re D.D., 279 S.W.3d at 850.
Neither Father nor Mother filed a pro se response.
We independently reviewed the entire record and counsels’ Anders briefs. We agree with
counsels’ assessments that the appeals are frivolous and without merit. We find nothing in the
record that could arguably support the appeal. Accordingly, we affirm the trial court’s final
order terminating Father’s and Mother’s parental rights to their children and grant counsels’
motions to withdraw. See In re D.D., 279 S.W.3d at 850.
/Craig Stoddart/
CRAIG STODDART
150662F.P05 JUSTICE
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF A.H., I.H. AND On Appeal from the 304th Judicial District
A-C.H., CHILDREN Court, Dallas County, Texas
Trial Court Cause No. 12-611-W-304.
No. 05-15-00662-CV Opinion delivered by Justice Stoddart. Chief
Justice Wright and Justice Brown
participating.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered this 7th day of August, 2015.
–3–
in the Interest of A.H., I.H. and A-C.H., Children
Combined Opinion