In Re SJG

124 S.W.3d 237, 2003 WL 22310908
CourtCourt of Appeals of Texas
DecidedDecember 11, 2003
Docket2-02-451-CV
StatusPublished

This text of 124 S.W.3d 237 (In Re SJG) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re SJG, 124 S.W.3d 237, 2003 WL 22310908 (Tex. Ct. App. 2003).

Opinion

124 S.W.3d 237 (2003)

In the Interest of S.J.G., A Child.

No. 2-02-451-CV.

Court of Appeals of Texas, Fort Worth.

October 9, 2003.
Rehearing Overruled December 11, 2003.

*239 Swanda & Swanda, P.C., Dean Swanda, Arlington, for Appellant.

Kelly Bradford, Fred M. Barker, County Attorney's Office of Parker County, Weatherford, for Appellee.

PANEL B: DAY, LIVINGSTON, and WALKER, JJ.

OPINION

SAM J. DAY, Justice.

I. INTRODUCTION

Appellant R.H. appeals from the trial court's order terminating his parental rights to S.J.G. In seven issues, Appellant claims that section 263.405 of the Texas Family Code violates his due process and equal protection rights under the United States Constitution; the trial court lacked jurisdiction because the Texas Department of Protective and Regulatory Services (TDPRS) failed to procure a written order within fourteen days after the hearing in which the trial court orally terminated Appellant's rights; and the evidence is factually insufficient to support the findings under section 161.001(1)(D), (E), (L), and (Q) of the family code. TEX. FAM.CODE ANN. §§ 161.001(1)(D), (E), (L), (Q); 263.405 (Vernon 2002). We affirm.

*240 II. FACTUAL BACKGROUND

After Appellant pleaded guilty to sexually assaulting S.J.G. and was sentenced to thirty-five years' confinement, the State petitioned the county court to terminate Appellant's parental rights over S.J.G. S.J.G. was six years old at the time the court terminated Appellant's parental rights. Appellant argued at the termination hearing that he was fooled into pleading guilty and that he had never sexually assaulted S.J.G. Appellant further claimed that he did not remember making a voluntary oral confession to the police. Appellant stated that he had been drinking at the time the confession was made and that he did not remember the entirety of his conversation with the police.

The evidence shows that Appellant made the confession and was not under arrest at the time. Appellant further stated in his second interview with the police that he was living with two roommates and that these two men might have sexually assaulted S.J.G. and then attempted to frame him for the crime. Based on Appellant's guilty plea, his voluntary confession, and other evidence, the trial court terminated Appellant's parental rights.

III. THE REQUIREMENTS OF SECTION 263.405

In his first issue, Appellant asserts that a statement of points under family code section 263.405(b) "is not a jurisdictional requirement and is not needed for purposes of preserving error on appeal." Tex. Fam.Code Ann. § 263.405(b). Appellant alternatively contends in his second issue that if a statement of points is required to preserve error, then section 263.405(b), as applied to the present facts, violates his due process and equal protection rights under the United States Constitution. The TDPRS, on the other hand, contends that Appellant waived all nonjurisdictional issues, including the factual sufficiency issues he raises in his fourth through seventh issues, by failing to file a statement of points pursuant to family code section 263.405(b). Id. We have previously held that a party who files a statement of issues under section 263.405(b), but fails to include a particular issue, does not waive that issue on appeal unless the opponent shows prejudice. See In re W.J.H., 111 S.W.3d 707, 712 (Tex.App.-Fort Worth 2003, pet. filed) (holding that strict compliance with section 263.405(b) is not required to bring an issue on appeal). We left open the question of whether the absolute failure to file a statement of points would waive a nonjurisdictional issue on appeal. Id. We will answer that question today.[1]

Statutory interpretation is a question of law. In re Canales, 52 S.W.3d 698, 701 (Tex.2001). Our primary goal is to ascertain and effectuate the legislature's intent. Albertson's, Inc. v. Sinclair, 984 S.W.2d 958, 960 (Tex.1999). In doing so, we begin with the statute's plain language because we assume that the legislature tried to say what it meant and, thus, that its words are the surest guide to its intent. Fitzgerald v. Advanced Spine Fixation Sys., Inc., 996 S.W.2d 864, 865-66 (Tex. 1999). To ascertain legislative intent, however, we must look to the statute as a whole and not to its isolated provisions. Morrison v. Chan, 699 S.W.2d 205, 208 (Tex.1985); Tex. Dep't of Banking v. Mount Olivet Cemetery Ass'n, 27 S.W.3d 276, 283 (Tex.App.-Austin 2000, pet. denied). *241 In ascertaining legislative intent, we do not confine our review to isolated statutory words, phrases, or clauses, but we instead examine the entire act. Meritor Auto., Inc. v. Ruan Leasing Co., 44 S.W.3d 86, 90 (Tex.2001). We may also consider, among other things, the statute's objectives; common law, former law, and similar provisions; and the consequences of the statutory construction. Tex. Gov't Code Ann. § 311.023(1)-(7) (Vernon 1998); Canales, 52 S.W.3d at 702.

It is a well-settled rule of statutory construction that every word of a statute must be presumed to have been used for a purpose. In re Bell, 91 S.W.3d 784, 790 (Tex.2002) (quoting Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 540 (Tex.1981)). Likewise, every word excluded from a statute must also be presumed to have been excluded for a purpose. Id. This rule complements another general statutory construction principle that courts should not insert words into a statute except to give effect to clear legislative intent. Id. (citing Laidlaw Waste Sys., Inc. v. City of Wilmer, 904 S.W.2d 656, 659 (Tex.1995)).

Moreover, a court of appeals should presume the legislature intended a just and reasonable result in enacting a statute. In re D.R.L.M., 84 S.W.3d 281, 290 (Tex.App.-Fort Worth 2002, pet. denied). An appellate court should not construe a statute in a manner that will lead to a foolish or absurd result when another alternative is available. Id.

Section 263.405 of the family code provides, in pertinent part:

(a) An appeal of a final order rendered under this subchapter is governed by the rules of the supreme court for accelerated appeals in civil cases and the procedures provided by this section. The appellate court shall render its final order or judgment with the least possible delay.

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124 S.W.3d 237, 2003 WL 22310908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sjg-texapp-2003.