Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.B.B.

Court of Appeals of Texas, Twelfth District, Tyler

March 1, 2017

IN THE INTEREST OF K.B.B., A CHILD

         Appeal from the County Court at Law No 2 of Smith County, Texas (Tr.Ct.No. 15-0421-F)

          Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

          MEMORANDUM OPINION

          James T. Worthen Chief Justice.

         D.L.B. appeals the termination of his parental rights and adoption of the child. On appeal, he presents fifteen issues. We dismiss for want of jurisdiction in part and affirm in part.

         Background

         D.L.B. is the father of K.B.B.[1] On February 24, 2015, K.B.B.'s paternal grandmother and step-grandfather filed an original petition for termination of D.L.B.'s parental rights and adoption of the child. D.L.B. filed an original answer in April 2015, and filed another original answer, request for appointment of an attorney ad litem, and motion for issuance of a bench warrant in November 2015.

         At the conclusion of the trial on the merits, the trial court found, by clear and convincing evidence, that D.L.B. had engaged in one or more of the acts or omissions necessary to support termination of his parental rights under subsections (B), (C), (D), and (Q) of Texas Family Code Section 161.001(b)(1). The trial court also found that termination of the parent-child relationship between D.L.B. and K.B.B. was in the child's best interest. Based on these findings, the trial court ordered that the parent-child relationship between D.L.B. and K.B.B. be terminated. On August 22, 2016, the trial court granted the adoption of K.B.B. by his paternal grandmother and step-grandfather. On September 23, 2016, D.L.B. timely filed a restricted appeal regarding the order of termination, and a notice of appeal regarding the order of adoption.

         Restricted Appeal

         In issues one through ten, and twelve through fifteen, D.L.B. challenges the trial court's termination order. We must first determine whether D.L.B. is entitled to a restricted appeal regarding the order terminating his parental rights to K.B.B.

         Applicable Law

         To prevail on his restricted appeal, D.L.B. must establish that (1) he filed notice of the restricted appeal within six months after the judgment was signed, (2) he was a party to the underlying lawsuit, (3) he did not participate either in person or through counsel in the hearing that resulted in the judgment complained of and did not timely file any postjudgment motions or requests for findings of fact and conclusions of law, and (4) error is apparent on the face of the record. See Tex. R. App. P. 30; Alexander v. Lynda's Boutique, 134 S.W.3d 845, 848 (Tex. 2004); In re Baby Girl S., 353 S.W.3d 589, 591 (Tex. App.-Dallas 2011, no pet.). Each element of a restricted appeal is mandatory and jurisdictional. Ibarra v. City of Laredo, Nos. 04-11-00035-CV, 04-11-00037-CV, 2012 WL 3025709, *4 (Tex. App.-San Antonio July 25, 2012, pet. denied) (mem. op.) (citing Serna v. Webster, 908 S.W.2d 487, 491 (Tex. App.-San Antonio 1995, no writ)).

         The face of the record for purposes of a restricted appeal consists of all the papers on file before the judgment as well as the reporter's record. Conseco Fin. Servicing Corp. v. Klein Indep. Sch. Dist., 78 S.W.3d 666, 670 (Tex. App.-Houston [14th Dist.] 2002, no pet.); Lewis v. R amirez, 49 S.W.3d 561, 564 (Tex. App.-Corpus Christi 2001, no pet.). Further, evidence not before the trial court prior to final judgment is beyond the scope of review in a restricted appeal and may not be considered. Diaz v. Multi Serv. Tech. Sols. Corp., No. 05-14-00032-CV, 2014 WL 5768714, at *2 (Tex. App.-Dallas Nov. 6, 2014, no pet.) (mem. op.) (citing Alexander, 134 S.W.3d at 848-49).

         Analysis

         To be entitled to pursue a restricted appeal, D.L.B. must first establish that he filed notice of the restricted appeal within six months after the judgment was signed. See Tex. R. App. P. 26.1(c). The judgment at issue is the order of termination which was signed on May 11, 2016. D.L.B. filed his ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.