IN THE
TENTH COURT OF APPEALS
No. 10-13-00359-CV
IN THE INTEREST OF D.W., A CHILD
From the 74th District Court
McLennan County, Texas
Trial Court No. 2012-3914-3
MEMORANDUM OPINION
The trial court’s termination order in this case terminated the parent-child
relationship between the Appellant D.W. (the father) and E.F. (the mother) to their
child, D.W. E.F. did not appeal.
Appellant, Appellee Texas Department of Family and Protective Services, and
the attorney ad litem for the child D.W. have now filed a joint and agreed motion to set
aside the judgment without regard to the merits and to remand the case to the trial
court for entry of an agreed order terminating Appellant’s parental rights to the child
D.W. based on Appellant’s recent execution of a relinquishment affidavit.
Based on the parties’ agreement and the joint and agreed motion, we reverse that
portion of the trial court’s termination order terminating only Appellant D.W.’s
parental rights to the child D.W., remand this case to the trial court for entry of an
agreed order in accordance with the parties’ agreement, see TEX. R. APP. P. 42.1(a)(2)(B),
and leave the remaining portions of the trial court’s termination order as to the
termination of E.F.’s parental rights to the child D.W. undisturbed and in full force and
effect.
We also grant the parties’ request for issuance of the mandate
contemporaneously with this opinion so that the trial court can enter the agreed order
of termination and Appellee can proceed with adoption proceedings for the child. See
TEX. R. APP. P. 18.1(c).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Reversed in part and remanded
Opinion delivered and filed February 27, 2014
[CV06]
In the Interest of D.W. Page 2