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In re D.L.G.

Court of Appeals of Texas, Fifth District, Dallas
Dec 17, 2007
No. 05-07-00787-CV (Tex. App. Dec. 17, 2007)

Opinion

No. 05-07-00787-CV

Opinion Filed December 17, 2007.

On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-06-1051.

Before Chief Justice THOMAS and Justices BRIDGES and FITZGERALD.


MEMORANDUM OPINION


The Texas Department of Family and Protective Services filed a petition seeking to terminate the parent-child relationship between Charlotte Lynn Monroe and D.L.G. Following a bench trial, the trial court granted the petition. In three issues, Monroe challenges the trial court's order contending (1) she had the right to appointed counsel prior to signing the Affidavit of Relinquishment of her parental rights; (2) the evidence was factually insufficient to support the trial court's finding termination was in the best interest of the child; and (3) the evidence was legally and factually insufficient to support the statutory grounds for termination found by the trial court. Because we are precluded by Section 263.405(i) of the Texas Family Code from considering Monroe's issues, we affirm the trial court's judgment. Section 263.405(b) of the family code requires an appellant to file, not later than the 15th day after the date the final order was signed by the trial court, a statement of the points on which the party intends to appeal. Act of May 22, 2001, 77th Leg., R.S., ch. 1090, § 9, 2001 Tex. Gen. Laws 2395, 2397-98, amended by Act of May 21, 2007, 80th Leg., R.S., ch. 526, § 2, 2007 Tex. Gen. Laws 931, 931. The statement of points may also be combined with a motion for new trial. Id. An appellate court may not consider on appeal any issue that was not specifically presented to the trial court in a timely filed statement of points or in a statement of points combined with a motion for new trial. Tex. Fam. Code Ann. § 263.405(i) (Vernon Supp. 2007); In re R.J.S., 219 S.W.3d 623, 627 (Tex.App.-Dallas 2007, pet. denied).

Monroe did not file a statement of points either alone on combined with a motion for new trial. Therefore, we are precluded from considering any of her issues on appeal. Tex. Fam. Code Ann. § 263.405(i); In re R.J.S. 219 S.W.3d at 627.

We affirm the trial court's judgment.


Summaries of

In re D.L.G.

Court of Appeals of Texas, Fifth District, Dallas
Dec 17, 2007
No. 05-07-00787-CV (Tex. App. Dec. 17, 2007)
Case details for

In re D.L.G.

Case Details

Full title:IN THE INTEREST OF D.L.G., A CHILD

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Dec 17, 2007

Citations

No. 05-07-00787-CV (Tex. App. Dec. 17, 2007)

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