Opinion issued June 12, 2008
In The
Court of Appeals
For The
First District of Texas
NO. 01-07-00112-CV
EARL CLARENCE SMITH, Appellant
v.
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee
On Appeal from the 314th District Court
Harris County, Texas
Trial Court Cause No. 2005-08024J
MEMORANDUM OPINION
Appellant, Earl Clarence Smtih, filed this appeal (appellate cause number 01-07-00112-CV) challenging the trial court's order terminating his parental rights to his minor children, B.H.M. and B.C.M. The trial court subsequently granted Smith's motion for new trial. Following a new trial, Smith's parental rights to the two children were again terminated. Smith has appealed that termination order in appellate cause number 01-07-00648-CV.
Smith has moved to dismiss appellate cause number 01-07-00112-CV. Given that the trial court granted his motion for a new trial, we agree with Smith that the proper course of action is to dismiss the appeal as moot. See Bartlett v. Theriot, No. 06-07-00146-CV, 2008 WL 850205, at *1 (Tex. App.--Texarkana Mar. 31, 2008, no pet.) (mem. op.). Pursuant to his request, we also agree that the clerk's record, reporter's record, and any other filings or documents filed or received in appellate cause number 01-07-00112-CV be transferred by the Clerk of this Court to appellate cause number 01-07-00648-CV.
Accordingly, we dismiss appellate cause number 01-07-00112-CV as moot and order that the clerk's record, reporter's record, and any other filings or documents filed or received in appellate cause number 01-07-00112-CV be transferred to appellate cause number 01-07-00648-CV.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Keyes and Higley.