C-L-B- And L-J-B- v. State Texas

Per Curiam Per Curiam State filed its petitions alleging that C-L-B- and L-J-B- engaged in delinquent conduct by committing a theft. The juveniles filed motions for summary judgment supported by their affidavits. State did not respond to the motions. The trial court granted the motions and dismissed the State's petitions with prejudice. The court of civil appeals held that the State had a right to appeal, but reversed and remanded the summary judgments on two grounds which we do not reach. 561 S.W.2d 547. The court of civil appeals concluded that the State was granted a right of appeal in juvenile delinquency proceedings by TEX. REV. CIV. STAT. ANN. art. 2249, which provides that an appeal or writ of error may be taken to the Court of Civil Appeals from every final judgment of the district court in civil cases. The court reasoned that this general right of appeal was applicable to delinquency proceedings in that such proceedings are civil in nature.