Friday, October 26, 2007

Anders brief ends appeal in termination of parental rights case

James Boyd v. Texas Department of Family and Protective Services [TDFPS = Texas DFPS], N0. 03-06-00702-CV, (Tex.App.- Austin, Oct. 25, 2007)( Opinion by Chief Justice Law ) (Before Chief Justice Law, Justices Waldrop and Henson)
Appeal from 146th District Court of Bell County
Disposition: Affirmed

FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT
NO. 212,085-B
, HONORABLE RICK MORRIS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

James Boyd brings this accelerated appeal from a final order terminating his parental rights to his minor children, G.B. and Y.B. Boyd is represented by court-appointed counsel who thoroughly reviewed the record and filed an Anders brief concluding that Boyd's appeal is frivolous and without merit. Counsel's brief meets the requirements of Anders by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds for appeal. See Anders v. California, 386 U.S. 738, 744 (1967); see also Taylor v. Texas Dep't of Protective & Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex. App.--Austin 2005, pet. denied).
Boyd was provided with copies of his counsel's brief and motion to withdraw. He was advised of his right to examine the record and to file a pro se brief. He has not filed a pro se brief or communicated with this Court in any way. Because our review of the record found nothing that would arguably support an appeal, we agree that the appeal is frivolous and without merit. We affirm the judgment of the trial court and grant the motion to withdraw as counsel.
W. Kenneth Law, Chief Justice
Before Chief Justice Law, Justices Waldrop and Henson
Affirmed
Filed: October 26, 2007

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