K. F. v. Texas Department of Family and Protective Services
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledMay 20, 2026
Docket03-25-00823-CV
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-25-00823-CV
K. F., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE 33RD DISTRICT COURT OF LLANO COUNTY
NO. 22729, THE HONORABLE CHERYLL MABRAY, JUDGE PRESIDING
MEMORANDUM OPINION
K.F. appealed the trial court’s final order in the underlying suit affecting the
parent-child relationship. The parties have filed an agreed motion requesting remand of this case
to the trial court for a new trial.
The motion recites the parties’ agreement that (1) if the Texas Department of
Family and Protective Services continues to pursue a permanent restraining order against K.F.,
the new hearing on the permanent injunction shall be conducted under the clear-and-convincing-
evidence standard required by Stary v. Ethridge, 712 S.W.3d 584 (Tex. 2025); and (2) on
remand, counsel for K.F. shall be discharged from her appointment, and the trial court shall
appoint new counsel to represent K.F. for the new hearing pursuant to Texas Family Code
§ 107.013.
We grant the parties’ joint motion, set aside the trial court’s judgment without
regard to the merits, and remand this case to the trial court for further proceedings in accordance
with the parties’ agreement. See Tex. R. App. P. 42.1(a)(2)(B).
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Theofanis and Crump
Vacated and Remanded on Joint Motion
Filed: May 20, 2026
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