in the Interest of U.P. , a Child ( 2003 )

Motion for Rehearing Overruled; Opinion of January 23, 2003 Withdrawn; Affirmed and Opinion on Motion for Rehearing and Concur

Motion for Rehearing Overruled; Opinion of January 23, 2003 Withdrawn; Affirmed and Opinion on Motion for Rehearing and Concurring Opinion filed April 17, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-00126-CV

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IN THE INTEREST OF U.P., A CHILD

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On Appeal from the 328th District Court

Fort Bend County, Texas

Trial Court Cause No. 115,213

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C O N C U R R I N G   O P I N I O N

            Applying the standards of review recently announced by the Texas Supreme Court, the record contains legally and factually sufficient evidence to support the trial court’s findings that appellant engaged in conduct that endangered U.P.’s physical or emotional well-being and that termination of appellant’s parental rights is in U.P.’s best interest.  See Tex. Fam. Code. § 161.001; In re J.F.C., —S.W.3d—, 46 Tex. Sup. Ct. J. 328, 332–35, 2002 WL 31890913, at *5–*7 (Dec. 31, 2002); In re C.H., 89 S.W.3d 17, 25–26 (Tex. 2002); Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976) (promulgating a nonexclusive list of factors that may be considered when determining the best interest of the child). Appellant did not preserve error as to his fifth and sixth points by asserting these complaints and obtaining a ruling in the trial court.  See Tex. R. App. P. 33.1(a).  Though I do not join in the majority’s analysis, I concur in the court’s judgment.

                                                                        /s/        Kem Thompson Frost

                                                                                    Justice

Judgment rendered and Concurring Opinion filed April 17, 2003.

Panel consists of Justices Yates, Anderson, and Frost.