COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
NUMBER 13-11-00243-CV
IN THE INTEREST OF C.L.H., MINOR CHILD
NUMBER 13-11-00244-CV
IN THE INTEREST OF D.A.L. AND M.L., MINOR CHILDREN
On appeal from the 156th District Court
of San Patricio County, Texas.
MEMORANDUM OPINION
Before Justices Rodriguez, Vela, and Perkes
Memorandum Opinion by Justice Perkes
In cause 13-11-00243-CV, Caryn Ann H. appeals the trial court‘s judgment
terminating her parental rights with respect to C.L.H., D.A.L., and M.L.,1 minor children.
1
The records on appeal show that in the trial court, the style in each case included M.L.‘s middle
name, but the text of the termination order in each case omits the middle name.
1
Caryn Ann H. has failed to timely file a brief. See TEX. R. APP. P. 38.8(a) (failure of
appellant to file brief). After being notified that this appeal was subject to dismissal for
failure to file a brief, Caryn Ann H. did not adequately respond. See TEX. R. APP. P.
42.3(b) (allowing involuntary dismissal of case). We hereby dismiss Caryn Ann H.‘s
appeal for want of prosecution for failure to timely file a brief.
In cause 13-11-00244-CV, appellant David L. appeals the trial court's judgment
terminating his parental rights with respect to D.A.L and M.L., minor children.2 As
discussed below, appellant‘s court-appointed counsel has filed an Anders brief. We
affirm.
I. COMPLIANCE WITH ANDERS
Appellant David L.‘s court-appointed appellate counsel has filed a motion to
withdraw and a brief in support thereof in which she states this appeal is wholly
frivolous. See Anders v. California, 386 U.S. 738, 744-45 (1967); Porter v. Tex. Dep't of
Protective & Regulatory Servs., 105 S.W.3d 52, 56 (Tex. App.—Corpus Christi 2003, no
pet.) (―[W]hen appointed counsel represents an indigent client in a parental-termination
appeal and concludes that there are no non-frivolous issues for appeal, counsel may file
an Anders-type brief.‖). In her brief, counsel addresses a possible issue that might have
been appealed: (1) whether there was no evidence or insufficient evidence to prove
2
The trial court severed the termination case involving C.L.H. from appellant David L.‘s case,
cause 13-11-00244-CV on appeal. The record reflects appellant David L. had no relation to C.L.H.
Although the trial court severed the cases and no motion to consolidate has been filed on appeal, in the
interest of judicial economy, we issue a single opinion herein disposing of both appeals.
2
that termination of appellant's parental rights was in the best interest of the children.
See TEX. FAM. CODE ANN. § 161.001(2) (West Supp. 2009).3
Counsel's brief meets the requirements of Anders as it presents a professional
evaluation showing why there are no non-frivolous grounds to advance in an appeal.
See In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex. Crim. App. 2008) (orig.
proceeding); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991) (en
banc).
In compliance with High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. [Panel
Op.] 1978), appellant's counsel has carefully discussed why, under controlling authority,
there are no reversible errors in the trial court's judgment. Counsel has informed this
Court that she has (1) examined the trial record, researched the issues, and has
concluded that this appeal is wholly frivolous, (2) provided appellant with a copy of the
brief filed in support of counsel's motion to withdraw and with a copy of the reporter's
record, and (3) informed appellant of his right to review the record and to file a pro se
response.4 See Anders, 386 U.S. at 744; Stafford, 813 S.W.2d at 510 n.3. More than
an adequate time has passed, and appellant has not filed a pro se response. See In re
Schulman, 252 S.W.3d at 409.
3
The Texas Department of Family and Protective Services filed a response to appellant's Anders
brief in which it concurred with appellant's counsel's evaluation of the record and agreed that this appeal
is frivolous.
4
In the criminal context, the Texas Court of Criminal Appeals has held that ―the pro se response
[to a ‗frivolous appeal‘ brief] need not comply with the rules of appellate procedure in order to be
considered. Rather, the response should identify for the court those issues which the indigent appellant
believes the court should consider in deciding whether the case presents any meritorious issues.‖ In re
Schulman, 252 S.W.3d 403, 409 n.23 (Tex. Crim. App. 2008) (quoting Wilson v. State, 955 S.W.2d 693,
696–97 (Tex. App.—Waco 1997, no pet.)); see also In re K.M.B., No. 03-08-0041-CV, 2008 WL 2852301,
at *1 (Tex. App.—Austin July 25, 2008, no pet.) (mem. op.) (addressing issues raised in a pro se
response and a pro se letter after appellate counsel filed an Anders brief in a parental-rights termination
case).
3
II. INDEPENDENT REVIEW
Upon receiving a ―frivolous appeal‖ brief, this Court must conduct a full
examination of all the proceedings to determine whether the case is wholly frivolous.
See Penson v. Ohio, 488 U.S. 75, 80 (1988); see also In re G.M. & X.M, No. 13-08-
00569-CV, 2009 WL 2547493, at *1 (Tex. App.—Corpus Christi Aug. 20, 2009, no pet.)
(mem. op.); In re M.P.O., No. 13-08-00316-CV, 2009 WL 39097, at *1 (Tex. App.—
Corpus Christi Jan. 8, 2009, no pet.) (mem. op.). We have reviewed the record and
counsel‘s brief, and we have found nothing that would arguably support an appeal. See
Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005) (―Due to the nature
of Anders briefs, by indicating in the opinion it considered the issues raised in the brief
and reviewed the record for reversible error but found none, the court of appeals met
the requirements of Texas Rule of Appellate Procedure 47.1.‖); Stafford, 813 S.W.2d at
509. Accordingly, we affirm the judgment of the trial court.
III. MOTION TO WITHDRAW
In accordance with Anders, counsel has filed a motion to withdraw. See Anders,
386 U.S. at 744; see also In re Schulman, 252 S.W.3d at 408 n. 17 (citing Jeffery v.
State, 903 S.W.2d 776, 779–80 (Tex. App.—Dallas 1995, no pet.) (―If an attorney
believes the appeal is frivolous, he must withdraw from representing the appellant. To
withdraw from representation, the appointed attorney must file a motion to withdraw
accompanied by a brief showing the appellate court that the appeal is frivolous.‖)
(citations omitted)). We grant counsel‘s motion to withdraw that was carried with the
case.5 Within five days of the date of this Court's opinion, counsel is ordered to send a
5
No substitute counsel will be appointed. Should appellant wish to seek further review of this
case by the Supreme Court of Texas, he must either retain an attorney to file a petition for review or file a
4
copy of the opinion and judgment to appellant and to advise appellant of his right to
pursue a petition for review in the Supreme Court of Texas. See In re K.D., 127 S.W.3d
66, 68 n.3 (Tex. App.—Houston [1st Dist.] 2003, no pet.).
GREGORY T. PERKES
Justice
Delivered and filed the
22nd day of September, 2011.
pro se petition for review. Any petition for review must be filed within forty-five days after the date of
either this opinion or the last ruling by this Court on all timely filed motions for rehearing or en banc
reconsideration. TEX. R. APP. P. 53.7(a). Any petition for review must comply with the requirements of
rule 53.2 of the Texas Rules of Appellate Procedure. See id. at rule 53.2.
5