In the Interest of C.J.B.

The majority uses an erroneous standard of review for factual sufficiency of the evidence. The difference between the legal-sufficiency standard of review and the factual-sufficiency standard of review is “how the evidence is reviewed.” In re J.F.C., 96 S.W.3d 256, 266 (Tex.2002). What the majority does not say, and what makes a difference in this case, is that in a factual-sufficiency review, the evidence should be viewed in a neutral light. It is true that the Supreme Court did not expressly say that in J.F.C., but it is implicit in the opinion. How else could an appellate court “consider…