In the Interest of S.A.P.

Summary

The Texas Supreme Court held that the respondents waived an estoppel defense in a parental-rights termination proceeding because it was neither pleaded nor submitted to the jury. The court also concluded that the agency’s letters did not conclusively establish estoppel or require dismissal of the termination proceeding. The court reversed the court of appeals’ judgment and remanded for consideration of the remaining issues.

Holdings

1. Equitable estoppel was waived because the parents did not plead it as an affirmative defense.
2. Even if an unpleaded issue is tried by consent, it must be submitted to the jury; because estoppel was not submitted, it was waived.
3. The letters did not conclusively estop the agency from seeking termination of the parents' parental rights.

Questions Presented

1. Whether the parents preserved an equitable-estoppel defense when they did not plead estoppel as an affirmative defense.
2. Whether the estoppel issue was tried by consent or otherwise preserved when it was not submitted to the jury.
3. Whether the agency's letters conclusively estopped it from seeking termination of the parents' parental rights.
4. Whether the letters alone required the agency, as a matter of law, to return S.A.P. to the parents and await a subsequent failure.

Disposition

reversed_and_remanded