in the Interest of J.B., C.B., S.J., B.J., and L.Z., Children ( 1998 )

In the Interest of J.B., C.B., S.J., B.J., and L.Z., children

  IN THE

TENTH COURT OF APPEALS

No. 10-97-348-CV

     IN THE INTEREST OF J.B., C.B.,

     S.J., B.J., AND L.Z., CHILDREN,

From the 323rd District Court

Tarrant County, Texas

Trial Court # 323-57274-J

DISSENTING OPINION

      A motion for new trial is a prerequisite to a complaint about the factual sufficiency of the evidence to support a jury finding. Tex. R. Civ. P. 324(b)(2). A point in a motion for new trial “shall briefly refer to that part of the ruling of the court . . . or other proceeding . . . in such a way that the objection can be clearly identified and understood by the court.” Id. 321. A general objection, such as “the verdict of the jury is contrary to law” should not be considered by the court. Id. 322.

      The jury found against Burton on three questions. Burton's motion for new trial complained that the “jury erred in finding from clear and convincing evidence” that: (1) she knowingly placed or knowingly allowed the children to remain in conditions and surroundings which endangered their well-being; (2) she engaged in conduct or knowingly placed the children with persons who engaged in conduct which endangered their well-being; and (3) termination of her parental rights is in the best interest of the children. The complaints in the motion for new trial use the same language as that used in the three questions which the jury found against Burton.

      I do not believe Burton's motion for new trial can be construed in any way other than as a factual-sufficiency complaint about the jury's findings on the three specific questions. Thus, I would find Burton's motion sufficiently specific to preserve her factual-sufficiency complaints on appeal.

      Because the majority does not, I respectfully dissent.

                                                                               BILL VANCE

                                                                               Justice

Opinion delivered and filed June 17, 1998

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