File: 070787F - From documents transmitted: 01/03/2008
AFFIRMED; Opinion Filed December 17, 2007.



In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-07-00787-CV
............................
IN THE INTEREST OF D.L.G., A CHILD
.............................................................
On Appeal from the 382nd Judicial District Court
Rockwall County, Texas
Trial Court Cause No. 1-06-1051
.............................................................
MEMORANDUM OPINION
Before Chief Justice Thomas and Justices Bridges and FitzGerald
Opinion By Chief Justice Thomas
        
        The Texas Department of Family and Protective Services filed a petition seeking to terminate the parent-child relationship between Charlotte Lynn Monroe and D.L.G. Following a bench trial, the trial court granted the petition. In three issues, Monroe challenges the trial court's order contending (1) she had the right to appointed counsel prior to signing the Affidavit of Relinquishment of her parental rights; (2) the evidence was factually insufficient to support the trial court's finding termination was in the best interest of the child; and (3) the evidence was legally and factually insufficient to support the statutory grounds for termination found by the trial court. Because we are precluded by Section 263.405(i) of the Texas Family Code from considering Monroe's issues, we affirm the trial court's judgment.         Section 263.405(b) of the family code requires an appellant to file, not later than the 15th day after the date the final order was signed by the trial court, a statement of the points on which the party intends to appeal. Act of May 22, 2001, 77th Leg., R.S., ch. 1090, 9, 2001 Tex. Gen. Laws 2395, 2397-98, amended by Act of May 21, 2007, 80th Leg., R.S., ch. 526, 2, 2007 Tex. Gen. Laws 931, 931. The statement of points may also be combined with a motion for new trial. Id. An appellate court may not consider on appeal any issue that was not specifically presented to the trial court in a timely filed statement of points or in a statement of points combined with a motion for new trial. Tex. Fam. Code Ann. 263.405(i) (Vernon Supp. 2007); In re R.J.S.,219 S.W.3d 623, 627 (Tex. App.-Dallas 2007, pet. denied).
        Monroe did not file a statement of points either alone on combined with a motion for new trial. Therefore, we are precluded from considering any of her issues on appeal. Tex. Fam. Code Ann. 263.405(i); In re R.J.S. 219 S.W.3d at 627.
We affirm the trial court's judgment.

                                                          
                                                          LINDA THOMAS
                                                          CHIEF JUSTICE


070787f.p05



File Date[01/03/2008]
File Name[070787F]
File Locator[01/03/2008-070787F]