Opinion
No. 05-07-00748-CV
Opinion issued September 24, 2008.
On Appeal from the 417th Judicial District Court, Collin County, Texas, Trial Court Cause No. 417-53077-06.
Before Justices MORRIS, WHITTINGTON, and O'NEILL.
MEMORANDUM OPINION
In two points of error, Joseph E. challenges the legal and factual sufficiency of the evidence to support the trial court's order terminating his parental rights to his child, S.R.E. Concluding appellant has failed to preserve his legal and factual sufficiency complaints for our review, we affirm the trial court's order. Because all dispositive issues are clearly settled in law, we issue this memorandum opinion. The facts and procedural history of this appeal are well known to the parties so we do not relate them in detail here.
The trial court signed a final order terminating appellant's parental rights pursuant to section 161.001 of the Texas Family Code based on appellant's execution of an unrevoked or irrevocable affidavit of relinquishment of parental rights and its finding that the termination was in the best interest of the child. On appeal, appellant brings two points of error asserting that the evidence is legally and factually insufficient to support the trial court's finding that appellant executed the affidavit of relinquishment because the affidavit, although filed with the court clerk, was never admitted into evidence. The State filed a responsive brief contending appellant has waived his points of error by failing to file a statement of points as required by section 263.405(b) of the family code. See Tex. Fam. Code Ann. § 263.405(b) (Vernon Supp. 2008).
The State also asserts that we should dismiss this appeal for lack of jurisdiction because appellant's notice of appeal was filed outside the deadline for an accelerated appeal and he did not provide good cause to support an extension of time. We have already considered and rejected this contention in connection with the State's previously filed motion to dismiss the appeal. We will not revisit the issue here.
Section 263.405(b) of the family code requires a party seeking to appeal a final order terminating his parental rights to file with the trial court a statement of points on which he intends to appeal no later than the 15th day after the final order is signed by the trial judge. Id. We may not consider on appeal any issue that was not specifically presented to the trial court in a timely filed statement of points. Id. § 263.405(i); In re R.J.S., 219 S.W.3d 623, 626-27, (Tex.App.-Dallas 2007, pet. denied). Our review of the record reveals that appellant did not file with the trial court a statement of points containing the legal and factual sufficiency issues he now raises on appeal. Accordingly, we may not consider appellant's sufficiency points. Section 263.405, however, does not preclude our jurisdiction over this appeal. See In re S.E., 203 S.W.3d 14, 15 (Tex.App.-San Antonio 2006, no pet.). Because appellant's appeal presents no issues that we may review, we affirm the trial court's order.