From Casetext: Smarter Legal Research

KELM v. TX. D.F.P.S.

Court of Appeals of Texas, Third District, Austin
Feb 11, 2009
No. 03-08-00364-CV (Tex. App. Feb. 11, 2009)

Opinion

No. 03-08-00364-CV

Filed: February 11, 2009.

Appealed from the District Court of Lampasas County, 27th Judicial District, No. 16,433A, Honorable Joe Carroll, Judge Presiding.

Affirmed.

Before Justices PATTERSON, PEMBERTON and WALDROP.


MEMORANDUM OPINION


Shannan Kelm appealed the termination of her parental rights. Her attorney on appeal has filed an Anders-style brief, discussing relevant standards and authorities, the evidence, the jury's findings, and the judgment. Her attorney concluded that there are no arguable issues on appeal and that the appeal is frivolous. Her attorney attached a copy of a letter stating that she has mailed "a copy of the Appeal to every address" the attorney has for Kelm. In the letter, the attorney tells Kelm that Kelm has the right to file an appeal pro se and to view the record. The attorney's motion to withdraw recites that it was sent to every party. More than thirty days have passed, and no pro se brief has been filed.

In re A.W.T., 61 S.W.3d 87, 90 (Tex.App.-Amarillo 2001, no pet.) (applying Anders v. California, 386 U.S. 738 (1967), in parental rights termination case).

We have examined the record and agree with Kelms's attorney's conclusion that there are no arguable issues and that the appeal is frivolous. We grant the motion to withdraw as attorney filed by Kelm's attorney.


Summaries of

KELM v. TX. D.F.P.S.

Court of Appeals of Texas, Third District, Austin
Feb 11, 2009
No. 03-08-00364-CV (Tex. App. Feb. 11, 2009)
Case details for

KELM v. TX. D.F.P.S.

Case Details

Full title:Shannan Kelm, Appellant v. Texas Department of Family and Protective…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Feb 11, 2009

Citations

No. 03-08-00364-CV (Tex. App. Feb. 11, 2009)