In the Interest of A.D.C., S.C., and P.C., Minor Children--Appeal from 406th Judicial District Court of Webb County

MEMORANDUM OPINION
No. 04-02-00385-CV
IN THE INTEREST OF A.D.C., S.C., AND P.C.
From the 406th Judicial District Court, Webb County, Texas
Trial Court No. 1999-CVO-00214-D4
Honorable Paul Gallego, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: January 22, 2003

AFFIRMED

Carmen Cruz Chalpe o appeals from the termination of her parental rights to A.D.C., S.C., and P.C. In two issues, Chalpe o argues that the trial court erred by relying on evidence from a previous proceeding to terminate her parental rights because such evidence was barred by collateral estoppel and res judicata. Chalpe o's arguments, however, ignore the fact that section 161.004 of the Texas Family Code specifically permits a court to consider evidence from a previous termination hearing in a suit for termination of the parent-child relationship with respect to the same children. Tex. Fam. Code Ann. 161.004(b) (Vernon 2002). Nevertheless, even if we were to consider whether collateral estoppel and res judicata were applicable despite section 161.004(b), Chalpe o has failed to provide us with a sufficient record to address her complaints. Chalpe o was notified and given reasonable opportunity to have a reporter's record filed in this case. Chalpe o failed to ensure that one was filed. Because Chalpe o failed to secure a reporter's record, she waived any arguments which would require a reporter's record for a decision. See Tex. R. App. P. 37.3(c). We believe that Chalpe o's appellate issues require a reporter's record for a decision; therefore, we hold Chalpe o waived her right to raise the issues presented. See id.; see also Tex. R. App. P. 38.1(h) (appellant's brief must contain a clear and concise argument for the contentions made, with citations to authorities and to the record). The trial court's decision is affirmed.

Catherine Stone, Justice

PUBLISH