Amarillo Court Dismisses Juvenile Appeal Following Proper Section 51.09 Waiver of Rights

Memorandum Opinion Per Curiam, 07-25-00303-CV, January 30, 2026.

On appeal from the 222nd District Court of Deaf Smith County, Texas.

Synopsis

The Amarillo Court of Appeals dismissed a juvenile’s appeal following a voluntary motion to dismiss that strictly adhered to statutory waiver requirements. The Court held that for a juvenile’s voluntary dismissal to be effective, the motion must satisfy the “belt and suspenders” requirements of Texas Family Code Section 51.09, requiring signatures from both the minor and their counsel.

Relevance to Family Law

While this case arises from a juvenile delinquency context, its application of Texas Family Code Section 51.09 is a critical reminder for family law practitioners involved in high-stakes custody, termination, or CPS litigation where a minor’s rights are at issue. Whenever a minor is a party to a proceeding—or where a minor’s independent legal rights are being waived—the general Rules of Appellate Procedure are secondary to the specific protections of the Family Code. Practitioners must ensure that any “agreed” orders or voluntary nonsuits involving a minor’s claims or appeals are substantiated by a Section 51.09 waiver to prevent the trial or appellate court from rejecting the filing for lack of statutory compliance.

Case Summary

Fact Summary

Appellant J.S.R., a juvenile, initiated an appeal from a trial court order regarding a “Motion in Bar of Prosecution for Lack of Jurisdiction” in the 222nd District Court of Deaf Smith County. During the pendency of the appellate proceedings, J.S.R. elected to cease the appeal. To effectuate this, J.S.R. filed a motion for voluntary dismissal. Recognizing the heightened protections afforded to minors under the Texas Family Code, the motion was not a standard Rule 42.1 filing; it specifically incorporated a waiver of rights. This waiver was executed by both the juvenile and his attorney of record, providing the appellate court with the necessary statutory basis to honor the request for dismissal.

Issues Decided

The Court considered whether a juvenile appellant may voluntarily dismiss an appeal through a motion that satisfies both the Texas Rules of Appellate Procedure and the specific waiver requirements set forth in Texas Family Code Section 51.09.

Rules Applied

The Court applied Texas Family Code Section 51.09, which governs the waiver of rights for children, stating that any waiver of a constitutional or statutory right must be made by the child and the attorney for the child. The Court also relied on Texas Rule of Appellate Procedure 42.1(a)(1), the procedural mechanism for voluntary dismissals in civil cases. Finally, the Court cited its own precedent in In re A.S.H., 619 S.W.3d 299 (Tex. App.—Amarillo 2020, no pet.), which establishes the necessity of Section 51.09 compliance in the context of juvenile appellate dismissals.

Application

The Court’s analysis was a straightforward application of statutory mandates to the procedural filings at hand. In typical civil litigation, a party’s signature or the signature of their counsel is sufficient to dismiss an appeal under TRAP 42.1. However, because the appellant was a minor, the Court looked for the specific “dual-signature” protection required by the Family Code. The Court observed that J.S.R.’s motion contained an express waiver of rights that complied with Section 51.09. Crucially, the Court noted the presence of signatures from both the child and his attorney. By aligning the procedural requirements of the appellate rules with the substantive protections of the Family Code, the Court determined it had the authority to grant the dismissal and terminate the litigation.

Holding

The Court granted the motion and dismissed the appeal. It held that the inclusion of a Section 51.09 waiver in a motion to dismiss effectively waives the juvenile’s right to appeal, provided the statutory formalities are met.

The Court further ordered that no motion for rehearing would be entertained and directed the mandate to issue immediately, ensuring the finality of the dismissal.

Practical Application

For the family law litigator, this case serves as a warning against procedural complacency when dealing with minors. If you are representing a minor or a party whose interests rely on the finality of a minor’s waiver (such as an agreed settlement in a suit affecting the parent-child relationship where a guardian ad litem or attorney ad litem is involved), you must ensure Section 51.09 is satisfied. A minor’s signature alone is insufficient; an attorney’s signature alone is insufficient. To insulate a dismissal from a later challenge or an appellate court’s refusal to act, the waiver must be a joint execution.

Checklists

Execution of a Section 51.09 Waiver

• Verify the waiver is in writing and included within the motion or as a filed attachment.
• Obtain the minor’s physical or electronic signature.
• Obtain the signature of the attorney representing the minor.
• Ensure the document explicitly states that both the child and the attorney were informed of the rights being waived and the consequences of that waiver.

Voluntary Dismissal of Appeals Involving Minors

• Draft the motion pursuant to TRAP 42.1(a)(1).
• Incorporate the specific language of Texas Family Code Section 51.09.
• Cite In re A.S.H. to provide the appellate court with the specific juvenile-context precedent for the dismissal.
• Request the immediate issuance of the mandate if finality is a strategic priority.

Citation

In the Matter of J.S.R., a Child, No. 07-25-00303-CV, 2026 WL (Tex. App.—Amarillo Jan. 30, 2026, no pet. h.) (mem. op.).

Full Opinion

The full opinion can be found here: Full Opinion Link

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