Opinion By Chief Justice
Thomas
The Texas
Department of Family and Protective Services filed a petition seeking to terminate the parent-child relationship between
Charlotte Lynn Monroe and D.L.G. Following a bench trial, the trial court
granted the petition. In three issues, Monroe challenges the trial court's order
contending (1) she had the right to appointed counsel prior to signing the
Affidavit of Relinquishment of her parental rights; (2) the evidence was
factually insufficient to support the trial court's finding termination was in
the best interest of the child; and (3) the evidence was legally and factually
insufficient to support the statutory grounds for termination found by the trial
court. Because we are precluded by Section 263.405(i) of the Texas Family Code
from considering Monroe's issues, we affirm the trial court's judgment.
Section 263.405(b) of the family
code requires an appellant to file, not later than the 15th day after the date
the final order was signed by the trial court, a statement of the points on
which the party intends to appeal. Act of May 22, 2001, 77th Leg., R.S., ch.
1090, § 9, 2001 Tex. Gen. Laws 2395, 2397-98, amended by Act of May 21,
2007, 80th Leg., R.S., ch. 526, § 2, 2007 Tex. Gen. Laws 931, 931. The statement
of points may also be combined with a motion for new trial. Id. An
appellate court may not consider on appeal any issue that was not specifically
presented to the trial court in a timely filed statement of points or in a
statement of points combined with a motion for new trial. Tex. Fam. Code Ann. §
263.405(i) (Vernon Supp. 2007); In re R.J.S.,219 S.W.3d 623, 627 (Tex.
App.-Dallas 2007, pet. denied).
Monroe did not file a
statement of points either alone on combined with a motion for new trial. Therefore, we are precluded from considering any of
her issues on appeal. Tex. Fam. Code Ann.§ 263.405(i); In re R.J.S. 219
S.W.3d at 627.
We affirm the trial court's
judgment.
LINDA
THOMAS
CHIEF
JUSTICE
070787f.p05
File Date[01/03/2008]
File Name[070787F]
File
Locator[01/03/2008-070787F]