Juan Z. Garcia v. The State of Texas--Appeal from County Court at Law of Harrison County

State: Texas

Court: Texas Northern District Court

Docket No: 06-09-00079-CR

Case Date: 10/02/2009

Plaintiff: SignAd, LTD

Defendant: James Bray--Appeal from 12th District Court of Madison County

Preview:Opinion filed March 17, 2011

In The

Eleventh Court of Appeals
__________

No. 11-10-00129-CV __________ IN THE INTEREST OF M.N., G.R. IV, AND G.R., CHILDREN
On Appeal from the 35th District Court Brown County, Texas Trial Court Cause No. CV-08-09-311

MEMORANDUM OPINION This is an appeal from an order terminating the parental rights of the parents of M.N., G.R. IV, and G.R. The father of G.R. IV and G.R. filed this appeal.1 We affirm. Appellant presents four issues for review. In the first two issues, he complains of the admission into evidence of photos and a home-study report. In the third issue, he contends that the trial court erred in allowing the Department of Family and Protective Services to withdraw its pleadings for alternative placement on the day of trial. In his final issue, appellant challenges the legal and factual sufficiency of the evidence supporting termination. Appellant's first issue was not preserved for appeal because he did not object at trial when the photos about which he now complains on appeal were offered. TEX. R. APP. P. 33.1.;

1

Though their rights were also terminated, neither the mother of the children nor the father of M.N. has appealed.

TEX. R. EVID. 103(a)(1). The photos were admitted into evidence upon appellant's counsel's affirmative statement that he had no objection to their admission. The first issue is overruled. In the second issue, appellant contends that the trial court erred in admitting a report of the home study conducted on the home of the children's uncle, with whom the children had been placed. The report was admitted into evidence over appellant's general objection that the report was hearsay. A general objection to evidence as a whole, which does not point out specifically the portion objected to, is properly overruled if any part of that evidence is admissible. Speier v. Webster College, 616 S.W.2d 617, 619 (Tex. 1981); Gen. Motors Corp. v. Harper, 61 S.W.3d 118, 126 (Tex. App.--Eastland 2001, pet. denied). The record shows that, pursuant to court order, the report had been prepared by a licensed professional counselor, submitted to the Department, and filed with the district clerk. See TEX. FAM. CODE ANN.

Download 10025.pdf