Appellate Case No. 02-18-00400-CV, In the Interest of A.S. and C.S, Children (2nd Dist. Ft. Worth, 2019) Memo. Op.
Father appeals the Trial Court's order dismissing his Petition to Modify the Parent-Child Relationship. The Trial Court dismissed Father on the basis of "relief not timely pursued, including custody evaluation. Change in custody dismissed..." At the time of the dismissal of Father's case, Mother's pleadings remained live and the parties were scheduled for final trial. The issues on appeal were (1) whether the summary judgment rendered by the Trial Court is a final judgment in this case? (2) Whether a court reporter's record is necessary in a summary judgment hearing? and (3) Whether the Trial Court erred when it dismissed Father's suit after 18 months? Under the third issue, 2 questions needed to be answered: (1) whether a sufficient time for discovery had passed, and (2) whether Father showed a material and substantial change in circumstances to warrant a modification of the prior order? Ms. Parker represented Mother in this appeal. The Court of Appeals affirmed and dismissed Father's appeal. Read On