Appeals - Preservation of error

[Marina]

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http://www.supreme.courts.state.tx.us/e ... 094102.pdf

TO THE HONORABLE SUPREME COURT OF TEXAS
Now I know what the King’s horsemen felt like when attempting to put Humpty-Dumpty
back together again! This statement describes my attempt to decipher the differing opinions
from the fourteen districts. In the Petition for Review, we suggested that there was confusion
over the application of preservation of error rules in termination cases.
Both principles, preservation of error and reviewing the sufficiency of the evidence, are
so intertwined and broadly interpreted that it is almost impossible to distinguish how the lower
courts are reaching their decisions. It is obvious that the decisions made by this Court are
gravely misunderstood.
It is humbly suggested to this Court that the review standard be defined more accurately
to include preservation of error as the “threshold question”.

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III. ISSUES PRESENTED FOR REVIEW

1. Whether the Texas Rules of Civil Procedure, Rule 33.1 (a) required the Respondent in
this parental-termination case to preserve error in the trial court before it is reviewed on
appeal.
2. Whether the Thirteenth Court of Appeals committed error in reversing the trial court’s
judgment, when the evidence was legally and factually sufficient to support the jury’s
verdict.

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