S.H.R. v. Department of Family and Protective Services ( 2012 )

Opinion issued June 14, 2012

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00999-CV

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S.H.R., Appellant

V.

Department of Family and Protective Services, Appellee

On Appeal from the 314th District Court

Harris County, Texas

Trial Court Case No. 200903028J

SUPPLEMENTAL OPINION ON REHEARING

          DFPS filed a motion for rehearing in which it contends that this Court should not have reversed the portion of the final order of termination affecting the appointment of DFPS as sole managing conservator of the children.  DFPS requested conservatorship pursuant to Family Code section 153.131, and the trial court made the specific findings in its final order.  Tex. Fam. Code Ann. § 153.131 (West 2008); see also In re J.A.J., 243 S.W.3d 611, 615 (Tex. 2007).  Appellant concedes on rehearing that he did not independently challenge the portion of the order concerning conservatorship, and appellant does not oppose the motion for rehearing.  See In re J.A.J., 243 S.W.3d at 616–17.

          Accordingly, we grant the motion, rehear the case, set aside our April 20, 2012 judgment, and render judgment reversing the portion of the trial court’s final order of termination affecting appellant’s parental rights and remanding the case to the trial court for further proceedings. If a new trial is held, the Court instructs the trial court to commence trial no later than 180 days after the mandate is issued.  See Tex. R. App. P. 28.4(c).  As this is an unopposed motion for rehearing, we instruct the Clerk to issue the mandate with our new judgment.  See Tex. R. App. P. 18.6. Our opinions issued on April 20, 2012 remain unchanged.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.