More, of issues, briefing, and affirmances.

In re: C.R. involved a father’s challenge to a termination order. No. 05-18-00412-CV (Sept. 21, 2018) (mem. op.) The father challenged the sufficiency of the evidence to support the order under section 161.001 of the relevant Family Code subchapter but did not address the grounds found in section 161.002(b) – the issue addressed by the Fifth Court’s recent en banc opinion in St. John Missionary Baptist Church v. Flakes, 547 S.W.3d 311 (Tex. App.–Dallas 2018, pet. filed).

As luck would have it, the C.R. panel included both Justice Evans, who wrote for the majority in Flakes, and Justice Schenck, who wrote the main dissent. The panel majority (Justice Evans, joined by Justice Lang-Miers) held: “In light of [the father’s] failure to challenge the trial court’s termination under subsections 161.002(b)(1) and (b)(2)(B), either of which fully supports the trial court’s termination order, we need not address the unchallenged findings or the grounds raised in  [the father’s] brief and affirm the trial court’s order.”

Justice Schenck’s concurrence, acknowledging Flakes as controlling, warns: “We affirm the judgment below in this case, which permanently terminates appellant’s parental rights, without regard to its merits and notwithstanding the heightened due process and due course of law concerns that arise from this fundamental liberty interest.”