Saturday, November 10, 2007

Termination of parental rights to be retried by agreement of parties - panel hearing appeal grants reversal

First Court of Appeals agrees to reverse termination of parental rights and to remand for a new trial in per curiam opinion.

Jose Angel Gonzales v. Department of Family and Protective Services, No. 01-07-00549-CV (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(per curiam)(termination of parent's rights)
Jose Angel Gonzales v. Department of Family and Protective Services

Appeal from 313th District Court of Harris County (Hon. Pat Shelton)


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.


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

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