IN THE INTEREST OF E.R., J.B., E.G., AND C.L., CHILDREN

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IN THE SUPREME COURT OF TEXAS 444444444444 NO . 11-0282 444444444444 IN THE INTEREST OF E.R., ET AL., CHILDREN, RELATORS 4444444444444444444444444444444444444444444444444444 ON PETITION FOR WRIT OF MANDAMUS 4444444444444444444444444444444444444444444444444444 JUSTICE LEHRMANN , concurring. On rehearing, the State contends that the Court s decision that service by publication in this case failed to comport with due process is faulty because L.R. had appeared at several hearings. Normally, if a defendant appears in open court, the appearance has the same force and effect as if the citation had been duly issued and served as provided by law. TEX . R. CIV . P. 120. In this instance, though, L.R. never appeared in court after the State s petition to terminate her parental rights had been filed. See TEX . FAM . CODE § 102.009(a)(7). Accordingly, I concur with the Court s order denying the State s motion for rehearing. _________________________________ Debra H. Lehrmann Justice OPINION DELIVERED: August 31, 2012

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