TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00289-CV
T. D. J. and E. L. M., II, Appellants
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL DISTRICT
NO. C-12-0035-CPS, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants T.D.J. (hereinafter “Mother”) and E.L.M., II (hereinafter “Father”) filed
this accelerated appeal from the district court’s final order terminating Mother’s parental rights to
her minor children N.A.J., E.L.M., III, and C.D.M. and terminating Father’s parental rights to his
minor children E.L.M., III and C.D.M. Mother’s court-appointed counsel filed a brief concluding
that Mother’s appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967)
(court-appointed counsel who finds appeal to be wholly frivolous should so advise court and request
permission to withdraw, which request should be accompanied by brief referring to anything in
record that might arguably support appeal); Taylor v. Texas Dep’t of Protective & Regulatory Servs.,
160 S.W.3d 641, 646-47 (Tex. App.—Austin 2005, pet. denied) (applying Anders procedure in
appeals from termination of parental rights). Father’s court-appointed counsel also filed a brief
concluding that Father’s appeal is frivolous and without merit. See id. Counsel for Mother has
certified to this Court that she provided Mother a copy of the Anders brief addressing each respective
ground for her appeal and notifying her of her right to examine the appellate record and file a pro se
brief. Mother has not filed a pro se brief. Counsel for Father has also certified to this Court that he
provided Father a copy of the Anders brief addressing each respective ground for his appeal and
notifying him of his right to examine the appellate record and file a pro se brief. Father has not filed
a pro se brief.
We have reviewed the record and counsels’ briefs and have found nothing that would
arguably support an appeal by either Mother or Father. We agree that Mother’s and Father’s appeal
is frivolous and without merit. Finding nothing in the record that might arguably support an appeal
we (1) grant Mother’s counsel’s motion to withdraw, (2) grant Father’s counsel’s motion to
withdraw, and (3) affirm the order of termination.
_____________________________________________
J. Woodfin Jones, Chief Justice
Before Chief Justice Jones, Justices Pemberton and Field
Affirmed
Filed: August 20, 2013
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