In Re Jhg, 302 S.W.3d 304 (Tex. 2010). · Go Syfert

In Re Jhg, 302 S.W.3d 304 (Tex. 2010). · Go Syfert

In Re Jhg, 302 S.W.3d 304 (Tex. 2010). Cases Citing This Book View Copy Cite

green Positive treatment Quoted verbatim 3× 44.2 score

G Cite

cited 3× by 3 distinct cases, 2011–2012 · …the court of appeals may not address an issue that is not included in a timely filed statement of points. at p. 306 ✓

70 citation events (70 in the last 25 years) across 2 distinct courts.

Strongest positive: in the Interest of A.J.M. and E.A.M., Children (texapp, 2012-07-16)

Treatment trajectory · 2002 → 2026 · click a year to view as-of

2002 2014 2026

Top citers, strongest first. 42 distinct citers. How cited ↗

examined Cited as authority (verbatim quote) in the Interest of A.J.M. and E.A.M., Children (7×) also: Cited as authority (rule), Cited "see"

Tex. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high

the court of appeals may not address an issue that is not included in a timely filed statement of points.

examined Cited as authority (verbatim quote) in the Interest of A.J.M. and E.A.M., Children (4×) also: Cited as authority (rule)

Tex. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high

the court of appeals may not address an issue that is not included in a timely filed statement of points.

discussed Cited as authority (verbatim quote) in the Interest of M.E.-M.N, Minor Child

Tex. App. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high

the court of appeals may not address an issue that is not included in a timely filed statement of points.

cited Cited as authority (rule) in the Interest of A.H.J., A.H. and A.H., Children

Tex. App. · 2015 · confidence medium

As noted by the supreme court in J.H.G., however, a 263.401(a) dismissal date is procedural and not jurisdictional. 302 S.W.3d at 306.

cited Cited as authority (rule) in the Interest of Z.G., L.H., A.B., and L.W., Children

Tex. App. · 2012 · confidence medium

See Section 263.405(i); In re J.H.G., 302 S.W.3d 304, 305 (Tex. 2010).

discussed Cited as authority (rule) in the Interest of M.M.W., a Child

Tex. App. · 2011 · confidence medium

Section 263.405(i) states that "the appellate court may not consider any issue that was not specifically presented to the trial court in a timely filed statement of the points on which the party intends to appeal or in a statement combined with a motion for new trial." In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010) (per curiam).

discussed Cited as authority (rule) in the Interest of A.S.D., a Child

Tex. App. · 2011 · confidence medium

Laws 348 , 349 (deleting subsection (i) but noting that former section 263.405 is still in effect for final orders rendered before September 1, 2011). 4 See id.; In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010) (holding mother’s failure to raise challenge to trial court’s extension of statutory deadline in her statement of points waived issue). 2 address both her legal and factual sufficiency issues regarding the endangerment findings.

discussed Cited as authority (rule) in the Interest of A.S.D., a Child

Tex. App. · 2011 · confidence medium

Laws 348 , 349 (deleting subsection (i) but noting that former section 263.405 is still in effect for final orders rendered before September 1, 2011). [4] See id .; In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010) (holding mother’s failure to raise challenge to trial court’s extension of statutory deadline in her statement of points waived issue). [5] Tex. Fam.

cited Cited as authority (rule) in the Interest of G.A.H. and K.D.B., Children

Tex. App. · 2011 · confidence medium

Code Ann. § 263.405 (i); In re J.H.G ., 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited as authority (rule) in the Interest of G.A.H. and K.D.B., Children

Tex. App. · 2011 · confidence medium

Code Ann. § 263.405 (i); In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

discussed Cited as authority (rule) in the Interest of M.N.R., M.E.R., M.R., & A.R., Minor Children

Tex. App. · 2011 · confidence medium

CODE ANN. § 263.405(i) (West 2008) (providing that In the Interest of M.N.R., M.E.R., M.R., & A.R., Minor Children Page 2 an appellate court may not consider arguments that were not made in appellant’s statement of points); In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

discussed Cited as authority (rule) in the Interest of M.N.R., M.E.R., M.R., & A.R., Minor Children

Tex. App. · 2011 · confidence medium

Code Ann. § 263.405(i) (West 2008) (providing that an appellate court may not consider arguments that were not made in appellant’s statement of points); In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited as authority (rule) Southern Development of Mississippi, Inc. v. Zoning Board of Adjustment of the City of Marshall, Texas and the City of Marshall, Texas

Tex. App. · 2011 · confidence medium

CODE ANN. § 263.405(i) (West 2008); In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited as authority (rule) In the Interest of E.N.C., J.A.C., S.A.L., N.A.G., and C.G.L., Children

Tex. App. · 2011 · confidence medium

Tex. Fam.Code Ann. § 263.405(i) (West 2008); In re J.H.G., 302 S.W.3d 304, 306 (Tex.2010).

discussed Cited as authority (rule) in the Interest of L.D.E. and C.E., Children

Tex. App. · 2011 · confidence medium

CODE ANN. § 263.405(i) (West 2008); In re In the Interest of L.D.E. and C.E., Children Page 6 J.H.G., 302 S.W.3d 304, 306 (Tex. 2010); see also In re G.B., No. 10-10-00244-CV, 2011 Tex. App. LEXIS 4206, at *5 (Tex. App.—Waco June 1, 2011, no pet. h.).

discussed Cited as authority (rule) IN THE INTEREST OF M.W., L.W., J.W., H.W., I.W., Mi.W., MINOR CHILDREN (2×) also: Cited "see"

Tex. App. · 2011 · confidence medium

As such, all of appellant’s issues are waived. 5 In re J.H.G., 302 S.W.3d 304, 305 (Tex.2010); In re P.P.M.I., 318 S.W.3d 905, 905 (Tex.App.-San Antonio 2010, no pet); see also In re M.F., No. 13-10-00248-CV, 2010 WL 4901407 , at *2, 2010 *47 Tex.App.

discussed Cited as authority (rule) In Re Mw (2×) also: Cited "see"

Tex. App. · 2011 · confidence medium

As such, all of appellant's issues are waived. [5] In re J.H.G., 302 S.W.3d 304, 305 (Tex.2010); In re P.P.M.I., 318 S.W.3d 905, 905 (Tex.App.-San Antonio 2010, no pet); see also In re M.F., No. 13-10-00248-CV, 2010 WL 4901407 , at *2, 2010 *47 Tex.App.

discussed Cited as authority (rule) IN THE INTEREST OF M.W., L.W., J.W., H.W., I.W., Mi.W., MINOR CHILDREN (2×) also: Cited "see"

Tex. App. · 2011 · confidence medium

As such, all of appellant’s issues are waived. [5] In re J.H.G., 302 S.W.3d 304, 305 (Tex. 2010) ; In re P.P.M.I., 318 S.W.3d 905, 905 (Tex. App.—San Antonio 2010, no pet ); see also In re M.F ., No. 13-10-00248-CV, 2010 Tex. App. LEXIS 9520 , at *6-*7 (Tex. App.—Corpus Christi Dec. 2, 2010, no pet.) (mem. op.).

discussed Cited as authority (rule) in the Interest of G.B. II, a Child (2×)

Tex. App. · 2011 · confidence medium

CODE ANN. § 263.405(i) (West 2008); In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

discussed Cited as authority (rule) In the Interest of G.B.

Tex. App. · 2011 · confidence medium

Further, even if a statement of points had not been filed, E.F. did not raise a due process claim on appeal. *385 Accordingly, E.F.’s failure to challenge the effectiveness of her trial counsel in her statement of points waives the issue on appeal. 1 See In re J.H.G., 302 S.W.3d 304, 306 (Tex.2010).

cited Cited as authority (rule) in the Interest of G.G.C. and Z.G., Minor Children

Tex. App. · 2011 · confidence medium

Code Ann. § 263.405 (i) (Vernon 2008); In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited as authority (rule) in the Interest of G.G.C. and Z.G., Minor Children

Tex. App. · 2011 · confidence medium

Code Ann. § 263.405 (i) (Vernon 2008); In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited as authority (rule) in the Interest of B.H., a Child

Tex. App. · 2011 · confidence medium

Code Ann. § 263.405(b) (Vernon 2008); In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010).

discussed Cited as authority (rule) in the Interest of M.F. and B.F., Children (2×) also: Cited "see"

Tex. App. · 2010 · confidence medium

CODE ANN. § 263.405(i); In re J.H.G., 302 S.W.3d at 306 (holding that “the mother’s failure to challenge the trial court’s extension of the statutory deadline in her statement of points waived the issue on appeal”); In re J.J.C., 302 S.W.3d at 444 (holding that section 263.405(i) “bars [appellate] consideration of the merits” of issues that were not specifically set out in the statement of points); see also In re L.N.B., No. 13-08-00337-CV, 2008 WL 3970838 , at *1 (Tex. App.–Corpus Christi Aug. 28, 2008, no pet.) (mem. op.) (“[B]ecause appellant’s issue on appeal does not ap…

cited Cited as authority (rule) in the Interest of K.R.L. AKA K.R.L., a Child

Tex. App. · 2010 · confidence medium

Code Ann. § 263.405 (i) (Vernon 2008); In re J.H.G. , 302 S.W.3d 304, 305 (Tex. 2010).

cited Cited as authority (rule) Edward Charles Strather v. Dolgencorp of Texas, Inc., D/B/A Dollar General Stores

Tex. App. · 2002 · confidence medium

Code Ann . § 263.405(i) (West 2008); In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited "see" in the Interest of W.J.B. & J.B., Children

Tex. App. · 2015 · signal: see · confidence high

See In re JHG, 290 S.W.3d 400, 404 (Tex. App.—Dallas 2009), rev’d on other grounds, 302 S.W.3d 304 (Tex. 2010).

cited Cited "see" in the Interest of A.R.B., C.L.B., C.L.B. Jr., and E.B., Children

Tex. App. · 2014 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010). 4 A default judgment was entered terminating the Mother’s parental rights.

cited Cited "see" In the Interest of L.C.W., a Child

Tex. App. · 2013 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex.2010); Hernandez v. Texas Dep’t of Family & Prot.

cited Cited "see" In the Interest of J.M.

Tex. App. · 2012 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex.2010); In re R.B.M., 338 S.W.3d 755, 757 (Tex.App.-Houston [14th Dist.] 2011, no pet.).

discussed Cited "see" In Re Me-Mn

Tex. App. · 2011 · signal: see · confidence high

Further, family code section 263.405(i) prohibits an appellate court from considering "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." Id. § 263.405(i); see In re J.H.G., 302 S.W.3d 304, 306 (Tex.2010) ("The court of appeals may not address an issue that is not included in a timely filed statement of points.").

discussed Cited "see" in the Interest of M.E.-M.N, Minor Child

Tex. App. · 2011 · signal: see · confidence high

Further, family code section 263.405(f) prohibits an appellate court from considering “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.” Id. § 263.405(i); see In re J.H.G., 302 S.W.3d 304, 306 (Tex.2010) (“The court of appeals may not address an issue that is not included in a timely filed statement of points.”).

cited Cited "see" In Re Rbm

Tex. App. · 2011 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited "see" in the Interest of R.B.M., L.F.M., M.L.M., P.M.M., and A.D.M., Children

Tex. App. · 2011 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304 , 306 (Tex.2010).

discussed Cited "see" in the Interest of H.S.B. and E.N.B., Children

Tex. App. · 2011 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010) (holding that mother’s failure to challenge trial court’s extension of statutory deadline in her statement of points waived the issue on appeal); In re K.B., No. 02-09-00441-CV, 2010 WL 4028107 , at *15 (Tex. App.—Fort Worth Oct. 14, 2010, no pet.) (mem. op.) (holding that Mother’s failure to include constitutional challenge in statement of points waived the issue on appeal).

discussed Cited "see" in the Interest of H.S.B. and E.N.B., Children

Tex. App. · 2011 · signal: see · confidence high

See In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010) (holding that mother’s failure to challenge trial court’s extension of statutory deadline in her statement of points waived the issue on appeal); In re K.B. , No. 02-09-00441-CV, 2010 WL 4028107 , at *15 (Tex. App.—Fort Worth Oct. 14, 2010, no pet.) (mem. op.) (holding that Mother’s failure to include constitutional challenge in statement of points waived the issue on appeal).

discussed Cited "see" in the Interest of O.E.W.-K., a Child

Tex. App. · 2011 · signal: see · confidence high

See In re J.H.G. , 302 S.W.3d 304, 306 (Tex. 2010); In re K.B. , No. 02-09-00441-CV, 2010 WL 4028107 , at *15 (Tex. App.—Fort Worth Oct. 14, 2010, no pet.) (mem. op.); see also Cravens v. City of Amarillo , 309 S.W.2d 903 , 906–07 (Tex. Civ.

discussed Cited "see" in the Interest of O.E.W.-K., a Child

Tex. App. · 2011 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010); In re K.B., No. 02-09-00441-CV, 2010 WL 4028107 , at *15 (Tex. App.—Fort Worth Oct. 14, 2010, no pet.) (mem. op.); see also Cravens v. City of Amarillo, 309 S.W.2d 903 , 906–07 (Tex. Civ.

cited Cited "see" in the Interest of K.B., a Child

Tex. App. · 2010 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304, 306 (Tex. 2010).

cited Cited "see" In Re Jhg

Tex. App. · 2010 · signal: see · confidence high

See In re J.H.G., 302 S.W.3d 304 (Tex.2010). 2 .

cited Cited "see, e.g." Jessica Gutierrez Hernandez v. Texas Department of Family and Protective Services

Tex. App. · 2011 · signal: see also · confidence medium

Id; see also In re J.H.G., 302 S.W.3d 304, 305 (Tex. 2010) (per curiam) (issues not included in statement of points are waived on appeal).

cited Cited "see, e.g." Jessica Gutierrez Hernandez v. Texas Department of Family and Protective Services

Tex. App. · 2011 · signal: see also · confidence medium

Id ; see also In re J.H.G. , 302 S.W.3d 304, 305 (Tex. 2010) (per curiam) (issues not included in statement of points are waived on appeal).

Treatment classes

Cited as authority (rule) 32

Cited "see" 19

Mentioned in passing 14

Cited as authority (verbatim quote) 3

Cited "see, e.g." 2

Treatment by court

texapp		0R/0Y/56G	69
tex		0R/0Y/0G	1

Retrieving the full opinion text from the archive…

In re J.H.G., A Child.

09-0531.

Texas Supreme Court.

Jan 22, 2010.

302 S.W.3d 304

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Per Curiam.

Published

[*305] John Richard Rolater, Jr., Chief of the Appellate Div., Andrea Leigh Westerfeld, John R. Roach, Malcolm Miranda, Collin County District Attorney's Office, McKinney, TX, for Petitioner.

J. Matthew Goeller, Grubbs and Goeller, Plano, TX, Michael Gabriel Diaz, McKinney, TX, for Respondent.

Danette D. Alvarado, Attorney at Law, Plano, TX, for Ad Litem.

PER CURIAM.

In this parental-rights termination case, the mother failed to include in her statement of points for appeal her complaint that the trial court unlawfully extended the statutory deadline for dismissing the case. Although issues not included in a statement of points are waived, TEX. FAM. CODE § 263.405(i),^[1] the court of appeals sustained the mother's challenge and dismissed the suit, holding that the mother's complaint concerned the trial court's subject matter jurisdiction to enter a final order rather than the specific terms of the order and thus could not be waived. 290 S.W.3d 400, 403. We disagree, and reverse and remand the case to the court of appeals for consideration of the mother's legal and factual sufficiency challenges.

On March 19, 2007, the Texas Department of Family & Protective Services (TDFPS) obtained temporary orders of possession of J.H.G. The case was set to be dismissed on March 24, 2008, pursuant to section 263.401(a) of the Family Code, which requires dismissal unless the court has rendered a final order or granted an extension (if the trial court finds that certain circumstances exist) within one year of appointing TDFPS as managing conservator. TEX. FAM.CODE § 263.401(a).^[2]

TDFPS's initial goal was reunification with the mother. In December 2007, however, after the mother failed to comply with several court-ordered requirements, TDFPS sought to terminate the mother's parental rights and filed a motion to extend the March 24, 2008, dismissal date. The mother objected and a hearing was held on February 27, 2008, after which the trial court granted TDFPS a three-month extension. Trial on the merits commenced on June 2, 2008, approximately two months after the initial deadline. The mother again objected to the trial court's refusal to dismiss the proceedings, and she[*306] reurged her objection before presenting her case. The trial court again denied her motions and refused to dismiss the case. The jury found that the mother failed to comply with the terms of her court-ordered service plan and that termination was in J.H.G.'s best interest. The trial court rendered judgment terminating the mother's parental rights.

The mother timely filed a statement of points with the trial court contesting the legal and factual sufficiency of the evidence, but she did not challenge the trial court's extension of the statutory deadline. The Family Code requires that any party seeking an appeal of a final order must file with the trial court a statement of points of error on which it intends to appeal. TEX FAM.CODE § 263.405(b)(2). The statement of points must be filed within fifteen days of entry of the final order. Id. The court of appeals may not address an issue that is not included in a timely filed statement of points. TEX FAM.CODE § 263.405(i). Although the mother did not include the trial court's failure to dismiss in her points for appeal, the court of appeals held that the issue was not waived because it bore on the trial court's subject matter jurisdiction. 290 S.W.3d at 403. This holding is directly contrary to our decision in In re Department of Family and Protective Services, in which we held that the section 263.401(a) dismissal date is procedural, not jurisdictional. 273 S.W.3d 637, 642 (Tex.2009). As such, the mother's failure to challenge the trial court's extension of the statutory deadline in her statement of points waived the issue on appeal.

Accordingly, we reverse the court of appeals' judgment and remand the case to that court for consideration of the remaining issues.

¹ Section 263.405 was amended in 2007. See Act of May 17, 2007, 80th Leg., R.S., ch. 526, § 6, 2007 Tex. Gen. Laws 929. The amendments went into effect on June 16, 2007, and only apply to suits filed on or after that date. Id. at 929-930. All citations to section 263.405 and its sub-parts are to the earlier version of the statute. See Act of May 27, 2005, 79th Leg., R.S., ch. 176, § 1, 2005 Tex. Gen. Laws 332 (amended 2007) (current version at TEX. FAM.CODE § 263.405).

² As with section 263.405, section 263.401 was amended in 2007. See Act of May 27, 2007, 80th Leg., R.S., ch. 866, § 2, 2007 Tex. Gen. Laws 1837, 1838. The 2007 amendments only apply to suits filed on or after July 15, 2007. Id. All citations to section 263.401 and its subparts are to the earlier version of the statute. See Act of May 29, 2005, 79th Leg., R.S., ch. 268, § 1.40, 2005 Tex. Gen. Laws 621, 636 (amended 2007) (current version at TEX. FAM.CODE § 263.401).