. See In re L.G.T., No. 05-17-00140-CV, 2017 Tex.App. LEXIS 5884, at *15 (Tex. App.-Dallas June 26, 2017, no pet.) (mem. op.)
Without that critical information, we cannot conclude that Appellant was given a meaningful opportunity to voice his objections in an appropriate manner at the December 8 hearing. Due process violations have occurred in cases where a parent was aware of the termination proceeding generally but did not have notice of the hearing date. See In re K.M.L., 443 S.W.3d at 119; In re L.G.T., No. 05-17-00140-CV, 2017 WL 2729958 at *3 (Tex. App.-Dallas June 26, 2017, no pet.) (mem. op.).
A defendant who has filed an answer has a right to notice of all hearings as a matter of constitutional due process. In re L.G.T., No. 05-17-00140-CV, 2017 WL 2729958, at *4 (Tex. App.-Dallas June 26, 2017, no pet.) (mem. op.)
Tex. Fam. Code §§ 101.032, 105.003; In re L.G.T., No. 05-17-00140-CV, 2017 WL 2729958, at *4 (Tex. App.- Dallas June 26, 2017, no pet.) (mem. op.). Civil procedure rule 245 states, in part:
TEX. FAM. CODE ANN. §§ 101.032, 105.003; In re L.G.T., No. 05-17-00140-CV, 2017 WL 2729958, at *4 (Tex. App.—Dallas June 26, 2017, no pet.) (mem. op.).
However, any "such waiver must be voluntary, knowing, and intelligent[]." Id.; see D.H. Overmyer Co. Inc., of Ohio v. Frick Co., 405 U.S. 174, 185 (1972); see also In Interest of L.G.T., No. 05-17-00140-CV, 2017 WL 2729958, at *5 (Tex. App.—Dallas June 26, 2017, no pet.) (mem. op.). Smithson does not cite any authorities in support of his contention that the OAG's actions in this case constituted waiver of its right to participate in the trial court proceedings.