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Click here for the full text of this decision FACTS:J.A.G. Jr., the minor son of Maria Zamora and Jose Garcia, was found to have engaged in delinquent conduct by committing the offense of burglary of a habitation. The trial court that adjudicated J.A.G.’s case also found that Zamora and Garcia contributed to or encouraged J.A.G.’s delinquent conduct by willful act or omission. The trial court entered an order affecting parents and others, as well as an order for payment of fees pursuant to Texas Family Code 54.0411(b). Zamora and Garcia filed a restricted notice of appeal. They argued that they did not participate in the hearing that resulted in the order affecting parents and others on Aug. 16 or the hearing that resulted in the order for payment of fees on Aug. 25. As to the Aug. 16 hearing, both parties argue the motion on the order was not heard and that Garcia was not present. As to the second hearing, they claim that they never received notice of the Aug. 25 hearing. HOLDING:Dismissed for want of jurisdiction. The court holds that Garcia and Zamora meet the first two requirements of allowing a restricted appeal: The appeal was brought within six months of entry of the trial court’s orders, and both Garcia and Zamora were parties to the original proceeding. The court turns to the third requirement: whether or not Garcia and Zamora participated in the actual trial. The court points out that the decision-making event in this case is the Aug. 16 hearing, at which Zamora was present, and at which the order affecting the parents and others was signed. That order included an acknowledgement of a future order for payment of fees. Consequently, Zamora participated in the proceedings that led to the orders in this case, and she does not meet the third requirement for a restricted appeal. Garcia, on the other hand, did not participate in the decision-making event, the court confirms. Therefore, the court looks to the fourth requirement for a restricted appeal: whether the error complained of is apparent on the face of the record. Though Garcia argues that the error is that he never received notice � a due process violation � the court notes the record shows that Garcia was served with the original petition and issued a summons to appear in court at the place, date and time of the original hearing. At the Aug. 16 hearing, Zamora said Garcia was not present because he was working. Though a defendant who makes an appearance following service of process is entitled to notice of the trial setting as a matter of constitutional due process, the same is not true of a defendant who fails to answer or otherwise appear. Because Garcia failed to appear in response to the original citation, the trial court could adjudicate those claims against him without further notice. Thus, there is no error on the face of the record on this point. The court rejects Garcia’s argument that the evidence does not support the order for payment of fees because the trial court did not establish that he and Zamora were financially able to pay. The record does not show, on its face, that Garcia and Zamora are unable to pay, the court observes. A summary of the proceeding states both parents are employed. Moreover, Garcia does not refer to any authority that a finding of ability to pay is required to enter an order for payment of fees. Noting that inability to pay is nonetheless an affirmative defense in an enforcement hearing, the court notes that even though the trial court did not hold an evidentiary hearing on the matter, evidence on the issue was still filed. There was no error here, either, and the restricted appeal requirements have not been met, the court concludes. OPINION:Kreger, J.; McKeithen, C.J., Kreger and Horton, JJ.

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