Opinion
No. 01-1070
Opinion Delivered: July 3, 2002
On Petition for Review from the Court of Appeals for the Sixth District of Texas
Donald Linous Jarvis and Michael L. Skotnik attorneys for N.K. and Damian Kenyon.
Jana Edith Turner and David C. Turner, Jr., for petitioner.
Joseph Lawrence Sheppard, Philip A. Lionberger, John Cornyn, Howard G. Baldwin, Jeffrey S. Boyd, and Julie Caruthers Parsley for respondent.
In this case, the trial court terminated the parent-child relationship between Casey K. and her children N.K. and D.T.K. The court of appeals affirmed the trial court's decision. 54 S.W.3d 499, 506. In doing so, the court of appeals reviewed the evidence under the traditional factual sufficiency standard, holding that the court would "sustain a factual sufficiency challenge only if we conclude that the finding is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust." Id. at 504. Our decision today in In re C.H., 89 S.W.3d 17 (Tex. 2002) (No. 00-0552), rejects that approach. Accordingly, without hearing oral argument, we grant the petition for review without reference to the merits, vacate the court of appeals' judgment, and remand this case to that court for further proceedings. See Tex.R.App.P. 59.1, 60.2(f).