In the Matter of C.K.G. v. the State of Texas

Dismissed and Memorandum Majority and Dissenting Opinions filed August
15, 2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00351-CV
NO. 14-24-00362-CV
NO. 14-24-00459-CV
NO. 14-24-00460-CV

IN THE MATTER OF C.K.G., Appellant

On Appeal from the 315th District Court
Harris County, Texas
Trial Court Cause Nos. 2024-00894J & 2024-00895J

MEMORANDUM DISSENTING OPINION

The majority treats these appellate cases as interlocutory appeal, and perhaps
they are. But we need not decide that issue because these appeals are brought by a
parent in this juvenile-justice proceeding, not by or on behalf of the juvenile
appellant. See generally Juvenile Justice Code, Tex. Fam. Code Ann. § 56.01 (right
to appeal).
Appellant’s father filed the following four notices of appeal on May 13,
2024:

Notice is hereby given that [Father] parent/guardian of [C.K.G.]
hereby appeals the ORDER APPOINTING GUARDIAN AD-LITEM
given by the Court on May 9, 2024 pursuant to Texas Family
Code § 61.004. [Father] (Hereinafter “FATHER”) objects to the
appointing of any ad litem guardian who is not a parent of [C.K.G.].
Appointing a Homosexual guardian over a Heterosexual male would
violate and infringe upon the parents and child’s religious beliefs
protected by the First Amendment of the United States Constitution.
This unlawful action was taken without notice in violation of Texas
Family Code § 61.003. The FATHER asserts and contends that the
Court DID NOT satisfy certain requirements of Due Process of Law
that must be satisfied before entering such ORDER. The Court did not
provide the Parents {Father} and [Mother] with sufficient notice, in
writing or orally in a recorded court hearing, of any proposed ORDER
in regards to guardianship, AND the Court failed to provide the
parents sufficient opportunity to be heard on the matter.
[Father] hereby invokes an AFFIRMATIVE DEFENSE against
all request from any COURT APPOINTED GUARDIAN. The
TRANSCRIPT AND RECORD will reflect that the Court Judge did
not provide the parent with due process of law during the proceeding
in which the Court entered its Original ORDER therefore this ORDER
should be vacated and stricken from the RECORD. Texas family
Code § 61.055(g)
TRANSCRIPT AND RECORD SHOULD BE SENT OVER
TO THE COURT OF APPEALS. [Father] REQUEST THAT THE
ENTIRE RECORD BE SENT. NOTHING OMITTED.
The notices of appeal must be brought by or on behalf of appellant. See Juvenile
Justice Code, Tex. Fam. Code Ann. § 56.01(c)(1); see In re A.E.E., 89 S.W.3d 250,
253–54 (Tex. App.—Dallas 2002, no pet.).

I would allow the notices of appeal to be amended if Father wished to clarify
that he was bringing the appeals on behalf of appellant. See Tex. R. App. P.

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25.1(g). The court, however, has not given Father notice of this jurisdictional
problem and an opportunity to cure.

The court neither follows the precedent from our sister court, nor explains
why it does not. I respectfully dissent to the failure to give notice to Father.

/s/ Charles A. Spain
Justice

Panel Consists of Chief Justice Christopher and Justices Spain and Poissant.

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