In the Interest of E.R., J.B., E.G., and C.L., Children
This text of In the Interest of E.R., J.B., E.G., and C.L., Children (In the Interest of E.R., J.B., E.G., and C.L., Children) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF TEXAS 444444444444 NO . 11-0282 444444444444
IN THE INTEREST OF E.R., ET AL., CHILDREN, RELATORS
4444444444444444444444444444444444444444444444444444 ON PETITION FOR WRIT OF MANDAMUS 4444444444444444444444444444444444444444444444444444
JUSTICE LEHRMANN , concurring.
On rehearing, the State contends that the Court’s decision that service by publication in this
case failed to comport with due process is faulty because L.R. had appeared at several hearings.
Normally, if a defendant appears in open court, the appearance has “the same force and effect as if
the citation had been duly issued and served as provided by law.” TEX . R. CIV . P. 120. In this
instance, though, L.R. never appeared in court after the State’s petition to terminate her parental
rights had been filed. See TEX . FAM . CODE § 102.009(a)(7). Accordingly, I concur with the Court’s
order denying the State’s motion for rehearing.
_________________________________ Debra H. Lehrmann Justice
OPINION DELIVERED: August 31, 2012
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