Opinion
No. 4-04-00852-CV
Delivered and Filed: November 30, 2005.
Appeal from the 57th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-PA-02176, Honorable Janet Littlejohn, Judge Presiding.
Motion to Withdraw Granted; Affirmed.
Sitting: Alma L. LÓPEZ, Chief Justice, Sarah B. DUNCAN, Justice, Sandee BRYAN MARION, Justice.
MEMORANDUM OPINION
After the trial court terminated Debra Gallardo's parental rights to her child, J.A.G., she appealed the trial court's order determining that an appeal of the termination order would be frivolous. See Tex. Fam. Code Ann. § 263.405(g) (Vernon 2002). Gallardo's court appointed attorney has filed a brief and motion to withdraw in which he asserts there are no meritorious issues to raise on appeal. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed.2d 493 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at * 4 (Tex.App.-San Antonio May 21, 2003, no pet.) (applying Anders procedure in appeal from termination of parental rights). Gallardo's attorney has also filed a motion to withdraw accompanied by a letter that he certifies he sent to Gallardo. The letter states that Gallardo is being provided with a copy of the brief, explains the Anders procedure, and informs her that she has the right to file a brief on her own behalf. Gallardo has not filed a brief.
Counsel did not detail the procedure for obtaining the record. See Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). But this is appropriate because the trial court's order establishes that the hearing on whether an appeal of the termination order would be frivolous was non-evidentiary. See Tex. Civ. Prac. Rem. Code Ann. § 13.003(a) (Vernon 2002); De La Vega v. Taco Cabana, Inc., 974 S.W.2d 152, 154-55 (Tex.App.-San Antonio 1998, no pet.) (en banc) (holding that an indigent appellant is entitled to receive a free reporter's record of the hearing at which the trial court determined the appeal to be frivolous); see also Michiana Easy Livin' Country, Inc. v. Holten, 168 S.W.3d 777, 782 (Tex. 2005) (holding in the context of a pretrial hearing that a reporter's record is required only if the hearing is evidentiary).
We have reviewed the record and counsel's brief and agree an appeal of the termination order is frivolous and without merit. We therefore affirm the trial court's judgment and grant Gallardo's attorney's motion to withdraw.