COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00117-CV
IN THE INTEREST OF A CHILD
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FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 325-544582-13
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MEMORANDUM OPINION 1
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This is an attempted restricted appeal from the trial court’s October 9, 2013
final judgment terminating the parental rights of J.R. (Father) and B.D. (Mother)
to their child. Father and Mother signed voluntary affidavits of relinquishment on
September 17, 2013, and attempted to revoke them almost five months after the
trial court signed the final judgment. Father and Mother were not represented by
counsel before postjudgment proceedings. On April 8 and 9, 2014, Father and
1
See Tex. R. App. P. 47.4.
Mother, now represented by counsel, respectively filed a notice of restricted
appeal claiming nonparticipation in the termination proceedings. But the
signatures of Father and Mother also appear on the final judgment, indicating
their approval of it as to form and substance and their agreement with it.
We notified Mother and Father of our concern that we may not have
jurisdiction over this appeal because rule 30 of the Texas Rules of Appellate
Procedure requires that “[a] party . . . did not participate . . . in the hearing that
resulted in the judgment complained of.” 2 We noted that their signatures on the
agreed final judgment appear to be evidence of participation. 3 We stated that
unless Mother, Father, or any party desiring to continue the appeal filed with the
court a response showing grounds for continuing the appeal, this appeal would
be subject to dismissal for want of jurisdiction. 4
2
Tex. R. App. P. 30.
3
See Clopton v. Pak, 66 S.W.3d 513, 516 (Tex. App.—Fort Worth 2001,
pet. denied); see also McNeely v. McNeely, No. 11-02-00036-CV, 2003 WL
187573, at *1 (Tex. App.—Eastland Jan. 16, 2003, pet. denied) (holding husband
participated in the hearing because he approved (via an agent) the final decree
before the trial court signed it). But cf. Brooks v. Bank of N.Y. Trust Co., No. 02-
07-00189-CV, 2008 WL 2639240, at *1–*3 (Tex. App.—Fort Worth July 3, 2008,
no pet.) (mem. op.) (holding wife did not participate at trial, even though she filed
a “Written Statement” with the county court indicating that she was appealing the
justice of the peace court’s decision, when she lacked counsel, did not appear at
trial, and did not sign the agreed judgment, and there was no evidence that she
had given husband the authority to sign the agreement for her).
4
See Tex. R. App. P. 42.3(a), 44.3.
2
We have received no response. Accordingly, we dismiss this appeal for
want of jurisdiction. 5
PER CURIAM
PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DELIVERED: July 3, 2014
5
See Tex. R. App. P. 43.2(f).
3