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Date: 04-15-2015

Case Style: In the Interest of B.S.

Case Number: 04-15-00002-CV

Judge: Karen Angelini

Court: Texas Court of Appeals, Fourth District Court of Appeal from 73rd Judicial District Court of Bexar County

Plaintiff's Attorney: Jennifer Rossmeier and Nicolas A. Lahood for Texas Department of Family and Protective Services

Defendant's Attorney: James B. Peplinski for Andrew Sivak

Description: This is an accelerated appeal from an order terminating Appellant Andrew S.’s parental rights.1 Appellant’s court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concluded that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, order) (applying Anders procedure in appeal from order terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio 2003, no pet.). Appellant was provided copies of counsel’s brief and motion to withdraw
1To protect the privacy of the parties in this case, we identify the children by their initials and the parents by their first names only. See TEX. FAM. CODE ANN. § 109.002(d) (West 2014).
04-15-00002-CV
and was informed of his right to review the record and file his own brief. In addition, counsel
advised appellant to file a motion in this court if he wished to review the appellate record and
enclosed a form motion for that purpose. See Kelly v. State, 436 S.W.3d 313, 320 (Tex. Crim. App.
2014); In re R.R., 2003 WL 21157944, at *4. This court then set a deadline for appellant to file the
motion requesting the record and set a deadline for appellant to file a pro se brief. Appellant did
not request access to the record or file a pro se brief.

Outcome: We have reviewed the record and the attorney’s Anders brief, and we agree with counsel
that the appeal is without merit. Accordingly, we grant the motion to withdraw and affirm the trial
court’s order terminating appellant’s parental rights.
Karen Angelini, Justice

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