IN THE
TENTH COURT OF APPEALS
No. 10-09-00262-CV
IN THE INTEREST OF B.S., A CHILD
From the County Court at Law
Ellis County, Texas
Trial Court No. 76,744
MEMORANDUM OPINION
Appellants challenged the trial court’s oral ruling striking their original petition
to be appointed as permanent managing conservators of the child the subject of the suit
both by mandamus and by direct appeal. This Court granted mandamus relief. See In
re Cervantes, 300 S.W.3d 865 (Tex. App.—Waco 2009, orig. proceeding) (op. on reh’g).
The parties were notified that, unless a response was filed showing grounds for
continuing the appeal, the appeal may be dismissed because: (1) it is moot in light of
this Court’s mandamus ruling; and (2) the trial court’s oral ruling is not an appealable
order. See TEX. R. APP. P. 42.3(a). The Court has received no response. Accordingly, the
appeal is dismissed.
FELIPE REYNA
Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
(Chief Justice Gray concurs in the judgment only, and only to the extent that it
dismisses this proceeding. A separate opinion will not issue.)
Appeal dismissed
Opinion delivered and filed March 3, 2010
[CV06]
In re B.S. Page 2