Ericka Shannette Colbert v. Department of Family and Protective Services

Opinion

Opinion issued July 2, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-04-01232-CV

NO. 01-04-01233-CV

NO. 01-05-00124-CV

NO. 01-05-00126-CV

NO. 01-05-00127-CV

ERICKA SHANETTE COLBERT, Appellant

V.

DEPARTMENT OF FAMILY & PROTECTIVE SERVICES, Appellee

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Cause Nos. 1996-43960, 2002-25084,

2004-03601J, 2003-04414J, & 2003-14864

OPINION DISSENTING FROM DENIAL OF EN BANC REVIEW

I would grant en banc review to reconsider our holding in this case and in Cervantes-Peterson v. Texas Department of Family & Protective Services, 221 S.W.3d 244 (Tex. App.--Houston [1st Dist.] 2006, no pet.), and its other progeny in light of In re J.F.C., 96 S.W.3d 256 (Tex. 2003). See Tex. R. App. P. 41.2 (en banc reconsideration disfavored "unless. . . extraordinary circumstances require en banc consideration").

Evelyn V. Keyes

Justice

A majority of the en banc court voted to deny the motion for en banc reconsideration.

The en banc court consists of Chief Justice Radack and Justices Taft, Nuchia, Jennings, Keyes, Alcala, Hanks, Higley, and Bland.

Justice Alcala, dissenting from the denial of en banc reconsideration, joined by Justice Jennings.

Justice Keyes, dissenting from the denial of en banc reconsideration.