Opinion
No. 04-05-00894-CV.
Filed: January 10, 2007.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-PA-01029, Honorable Karen H. Pozza, Judge Presiding.
REVERSED AND REMANDED FOR NEW TRIAL
Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
This is an appeal from the trial court's termination of appellant's parental rights. In a single issue on appeal, appellant complains the trial court erred in striking her timely-filed jury demand and proceeding to a bench trial. Because appellant's attorney appeared at trial, the State concedes, and we agree, the trial court erred in striking appellant's jury demand. See In re W.B.W., 2 S.W.3d 421, 422-23 (Tex.App.-San Antonio 1999, no pet.). Appellant is, therefore, entitled to a new trial if the case involves material fact issues. Mercedes-Benz Credit Corp. v. Rhyne, 925 S.W.2d 664, 667 (Tex. 1996).
In an opinion issued on September 13, 2006, a panel of this court determined there was "an arguable basis that material fact issues exist as to the best interest determination of the children." See In the Interest of M.N.V., No. 04-05-00894-CV, 2006 WL 2612565, *2 (Tex.App.-San Antonio Sept. 13, 2006, no pet.). Because we are bound by that determination, we reverse and remand for a new trial.