In the Interest of J.O.A., T.J.A.M., T.J.M., and C.T.M., Children--Appeal from 100th District Court of Collingsworth CountyAnnotate this Case
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
JUNE 23, 2009
IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., and C.T.M., CHILDREN
FROM THE 100TH DISTRICT COURT OF COLLINGSWORTH COUNTY;
NO. 7019; HONORABLE PHIL VANDERPOOL, JUDGE
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ON REMAND FROM THE SUPREME COURT OF TEXAS
By our opinion dated February 25, 2008,1 we held, in part, that the evidence
supporting the termination of Timothy’s parental rights to T.J.M. and C.T.M. was both
See In re J.O.A., 262 S.W .3d 7 (Tex.App.–Am arillo 2008, aff’d as modified and remanded, 2009 W L
1165303, (Tex. May 1, 2009 )) for the factual background and designation of parties.
legally and factually insufficient. 262 S.W.3d at 24. Accordingly, we concluded that
judgment should be rendered against the Department on the issue of termination of
Timothy’s parental rights as to T.J.M. and C.T.M., and remanded for purposes of
determining Timothy’s rights, privileges and duties with respect to those children.
Without disturbing our finding of factual insufficiency, the Texas Supreme Court has
concluded that our finding of legal insufficiency was in error. In re J.O.A., ___S.W.3d___,
52 Tex. Sup. Ct. J. 714; No. 08-0379, 2009 WL 1165303, at *7 (Tex. May 1, 2009).
Because a remand is the appropriate judgment when evidence is found to have been
legally sufficient, but factually insufficient, we withdraw that portion of our prior opinion
pertaining to legal insufficiency and withdraw our judgment of February 25, 2008, and issue
judgment this date in lieu thereof. Accordingly, this cause is remanded to the trial court for
further proceedings on the issue of Timothy’s parental rights. In all other respects, our
prior opinion remains unchanged.
Patrick A. Pirtle