in the Interest of D.T., Minor Children ( 2011 )

MEMORANDUM OPINION
No. 04-10-00491-CV
In the INTEREST OF D.T., et al., Minor Children
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-PA-02404
Honorable Charles E. Montemayor, Associate Judge, Presiding
Opinion by: Steven C. Hilbig, Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Steven C. Hilbig, Justice
Delivered and Filed: June 29, 2011
MOTION TO WITHDRAW GRANTED; AFFIRMED
Y.B. appeals the judgment terminating her parent-child relationship with five children
and the court’s order finding her appellate points frivolous. See TEX. FAM. CODE ANN.
§ 263.405(d)(3) (West 2008). Appellant’s court-appointed appellate attorney filed a motion to
withdraw and a brief containing a professional evaluation of the record demonstrating there are
no arguable grounds to be advanced and concluding the appeal is frivolous. The brief meets the
requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-
CV, 2003 WL 21157944, *4 (Tex. App.—San Antonio May 21, 2003, order) (applying Anders
procedure to appeals from orders terminating parental rights), disp. on merits, 2003 WL
22080522 (Tex. App.—San Antonio Sept. 10, 2003, no pet.) (mem. op.). Appellant was
04-10-00491-CV
provided a copy of the brief and informed of her right to review the record and file her own brief.
See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio, July 23, 1997, no pet.); In
re R.R., 2003 WL 21157944, at *4. Appellant filed a pro se brief in which she asserts the trial
court did not adequately consider all the evidence.
We have reviewed the record, the attorney’s brief, and appellant’s brief, and we agree
with counsel that the appellate points do not present a substantial question for appellate review.
See TEX. CIV. PRAC. & REM. CODE ANN. §13.003(b) (West 2002); TEX. FAM. CODE ANN.
§ 263.405(d)(3) (incorporating section 13.003(b) by reference). Accordingly, we hold the trial
court did not abuse its discretion in finding the points of appeal to be frivolous. We grant the
motion to withdraw and affirm the trial court’s judgment.
Steven C. Hilbig, Justice
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