Jose Angel Gonzales v. Department of Family and Protective Services--Appeal from 313th District Court of Harris County

Opinion issued November 5, 2007

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00549-CV

____________

JOSE ANGEL GONZALES, Appellant

V.

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee

On Appeal from the 313th District Court

Harris County, Texas

Trial Court Cause No. 2006-08844J

MEMORANDUM OPINION

The parties have filed with this Court an agreement settling their dispute on appeal. See Tex. R. App. P. 42.1(a)(2). Pursuant to their agreement and Texas Rule of Appellate Procedure 42.1(a)(2)(B), without regard to the merits, we set aside paragraphs 9 ("Termination of Respondent Father, JOSE ANGEL GONZALES' Parental Rights), 10 ("Conservatorship of the Child"), and 11 ("Rights and Duties of the Non-Parent Sole Managing Conservator") of the trial court's June 6, 2007 "Decree of Termination." We remand the case to the trial court for a new trial on the Department of Family and Protective Services' claims for parental termination and sole managing conservatorship against Jose Angel Gonzales.

We order this Court's mandate to issue immediately.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Alcala and Bland.