restricted appeal
Signing this Order Meant Participation and Agreement
April 16, 2009
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
Courtesy of Verner & Brumley, P.C. Dallas, Texas