In the Interest of D.R.O., a Child

Summary

The Tenth Court of Appeals of Texas affirmed the dismissal of the Herreras’ petition seeking termination of parental rights and adoption of D.R.O. The court assumed without deciding that the Herreras had standing and held that their complaints concerning inadequate notice, due process, and dismissal with prejudice were not preserved for appellate review.

Holdings

1. The Herreras waived any complaint concerning the lack of specific notice because they did not timely and specifically object in the trial court to the court's consideration of the merits or to the alleged Rule 245 and due-process deficiency.
2. The Herreras waived any error arising from the trial court's dismissal with prejudice because they did not object to the oral ruling or written order and did not file a post-judgment motion for new trial or to amend or correct the judgment.
3. The court assumed without deciding that the Herreras had standing and affirmed on the independent ground that their remaining complaints were waived.

Questions Presented

1. Whether the trial court erred by converting a hearing on temporary orders into a trial on the merits without the notice required by the Fourteenth Amendment and Texas Rule of Civil Procedure 245.
2. Whether the trial court erred in determining that the Herreras lacked standing to bring the termination and adoption suit.
3. Whether the trial court erred by dismissing the termination and adoption suit on the merits and with prejudice.

Disposition

affirmed