in the Interest of A.A. and A.E.
This text of in the Interest of A.A. and A.E. (in the Interest of A.A. and A.E.) 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.
Opinion
Opinion filed April 3, 2008
In The
Eleventh Court of Appeals
__________
No. 11-07-00082-CV
IN THE INTEREST OF A.A. AND A.E.,
On Appeal from the County Court at Law No. 2
Ector County, Texas
Trial Court Cause No. CC2-2602-PC
M E M O R A N D U M O P I N I O N
This appeal arises from a conservatorship/termination proceeding filed by the Department of Family and Protective Services (the Department). In addition to seeking the termination of the parental rights of the parents of A.A. and A.E., the Department sought to modify a prior order pertaining to Stephanie Lawson=s conservatorship of one of the children. Lawson is the maternal grandmother of A.A. and A.E. She filed a counter-petition seeking to be named as the managing conservator of the children.
The trial court terminated the parental rights of the children=s parents. The trial court also terminated Lawson=s previous conservatorship status and denied her counter-petition. The trial court appointed Brenda Erwin, the children=s aunt, as the sole managing conservator of the children. Lawson challenges the trial court=s order in a single issue. We affirm.
Analysis
We must determine at the outset whether Lawson has preserved her issue for appellate review. The Department maintains that she has not because she failed to timely file a statement of points on appeal. We agree.
Lawson did not file a statement of points as required, and she did not file a motion for new trial. Tex. Fam. Code Ann. ' 263.405(b), (b-1), (i) (Vernon Supp.2007). The statute is clear that a party who does not file a statement of the points on appeal within fifteen days does not preserve any issues for appeal. Section 263.405(i); In re M.N., 230 S.W.3d 248, 249 (Tex. App.CEastland 2007, pet. filed); In re T.T., 228 S.W.3d 312 (Tex. App.CHouston [14th Dist.] 2007, pet. denied); In re J.W.H., 222 S.W.3d 661 (Tex. App.CWaco 2007, no pet.). We may not consider any issues that are not contained in a statement of points on appeal. Section 263.405(i); In re M.N., 230 S.W.3d at 249‑50.
This Court=s Ruling
The judgment of the trial court is affirmed.
TERRY McCALL
JUSTICE
April 3, 2008
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.
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