In the Interest of B.S., a Child--Appeal from County Court at Law of Ellis County
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IN THE TENTH COURT OF APPEALS No. 10-09-00262-CV IN THE INTEREST OF B.S., A CHILD From the County Court at Law Ellis County, Texas Trial Court No. 76,744 MEMORANDUM OPINION Appellants challenged the trial court s oral ruling striking their original petition to be appointed as permanent managing conservators of the child the subject of the suit both by mandamus and by direct appeal. This Court granted mandamus relief. See In re Cervantes, 300 S.W.3d 865 (Tex. App. Waco 2009, orig. proceeding) (op. on reh g). The parties were notified that, unless a response was filed showing grounds for continuing the appeal, the appeal may be dismissed because: (1) it is moot in light of this Court s mandamus ruling; and (2) the trial court s oral ruling is not an appealable order. See TEX. R. APP. P. 42.3(a). The Court has received no response. Accordingly, the appeal is dismissed. FELIPE REYNA Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis (Chief Justice Gray concurs in the judgment only, and only to the extent that it dismisses this proceeding. A separate opinion will not issue.) Appeal dismissed Opinion delivered and filed March 3, 2010 [CV06] In re B.S. Page 2
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