in the Interest of A.J.M. and E.A.M., Children

LEE ANN DAUPHINOT, Justice,

dissenting and concurring on appellant’s motion for rehearing and motion for en banc reconsideration1.

Although I agree with the majority that the evidence is factually sufficient to support termination and that the trial court’s judgment should be affirmed, I dissent from the majority’s reaffirming of In re D.W.2 to reach the merits of Appellant’s first issue. I would hold, as we held in our original unanimous panel opinion, that Appellant forfeited his first issue.

This is not a case in which no statement of points was filed, nor is it a case in which the statement…