Maria Fernandez v. Texas Department of Family and Protective Services--Appeal from 340th District Court of Tom Green County
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00021-CV Maria Fernandez, Appellant v. Texas Department of Family and Protective Services, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL DISTRICT NO. C-08 263-CPS, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING MEMORANDUM OPINION Appellant Maria Fernandez filed this accelerated appeal from the district court s final order terminating her parental rights to her minor child, M.A.F. Appellant s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967) by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced on appeal. See also Taylor v. Texas Dep t of Protective & Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex. App. Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental rights). Counsel has certified to this Court that she provided appellant a copy of the Anders brief and a notice of her right to examine the appellate record and file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel s brief and have found nothing that would arguably support an appeal. We agree that the appeal is frivolous and without merit. Finding nothing in the record that might arguably support an appeal, we grant counsel s motion to withdraw and affirm the order of termination. _____________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Henson and Goodwin Affirmed Filed: July 8, 2011 2
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