restricted appeal

Signing this Order Meant Participation and Agreement

A restricted appeal requires that the appellant did not participate in the hearing that resulted in the order being appealed. In this restricted appeal of an Order in Suit Affecting the Parent-Child Relationship, the appellant claimed that merely signing the trial court's order did not constitute "participation." The First District Court of Appeals disagreed because the appellant "approved and consented to [the Order] as to both form and substance." The court dismissed the appeal for lack of jurisdiction. In the Interest of A.C.R., No. 04-08-00643-CV (Tex. App. - San Antonio Apr. 15, 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas