From Casetext: Smarter Legal Research

In re D.G.

TENTH COURT OF APPEALS
Dec 21, 2011
No. 10-11-00181-CV (Tex. App. Dec. 21, 2011)

Opinion

No. 10-11-00181-CV

12-21-2011

IN THE INTEREST OF D.G., A CHILD


From the 249th District Court

Johnson County, Texas

Trial Court No. D200805533


MEMORANDUM OPINION

Following a jury trial, the trial court terminated the parental rights of Appellant to her son D.G. Appellant raises one issue in this appeal. We will affirm.

Because the termination order was signed on May 2, 2011, that order and the disposition of this case are governed by the law in effect on that date. Act of May 5, 2011, 82nd Leg., R.S., ch. 75, § 8, 2011 Tex. Sess. Law Serv. 348, 349 (West) ("A final order rendered before the effective date [Sept. 1, 2011] of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.").

Former Family Code subsection 263.405(i) provides: "The appellate court may not consider any issue that was not specifically presented to the trial court in a timely filed statement of the points on which the party intends to appeal or in a statement combined with a motion for new trial." Act of May 12, 2005, 79th Leg., R.S., ch. 176, § 1, 2005 Tex. Gen. Laws 332, repealed by Act of May 5, 2011, 82nd Leg., R.S., ch. 75, § 5, 2011 Tex. Sess. Law Serv. 348, 349 (West).

Appellant's "statement of points of appeal" identifies eight points for appeal, but none of them are the sole issue raised in her brief. In her sole issue, Appellant asserts that the trial court erred in denying her motion to strike the Appellee Selfs' (foster parents') intervention.

Because Appellant did not raise this issue in the trial court in her statement of points, we dismiss it. See In re D.W., 249 S.W.3d 625, 631 (Tex. App.—Fort Worth 2008), pet. denied per curiam, 260 S.W.3d 462 (Tex. 2008); In re E.A.R., 201 S.W.3d 813, 814 (Tex. App.—Waco 2006, no pet.); see also In re J.C.B., No. 10-10-00321-CV, 2011 WL 2937472 (Tex. App.—Waco July 13, 2011, no pet.) (mem. op.).

We affirm the trial court's order of termination.

REX D. DAVIS

Justice
Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Affirmed
[CV06]


Summaries of

In re D.G.

TENTH COURT OF APPEALS
Dec 21, 2011
No. 10-11-00181-CV (Tex. App. Dec. 21, 2011)
Case details for

In re D.G.

Case Details

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

Court:TENTH COURT OF APPEALS

Date published: Dec 21, 2011

Citations

No. 10-11-00181-CV (Tex. App. Dec. 21, 2011)