







Motion for Rehearing Overruled; Opinion of January 23, 2003 Withdrawn;
Affirmed and Opinion on Motion for Rehearing and Concur












Motion for
Rehearing Overruled; Opinion of January 23, 2003 Withdrawn; Affirmed and
Opinion on Motion for Rehearing and Concurring Opinion filed April 17,
2003.
 
 
In The
 
Fourteenth Court of Appeals
____________
 
NO. 14-02-00126-CV
____________
 
IN THE INTEREST OF U.P., A CHILD
 
 
_________________________________________________________________
 
On Appeal from
the 328th District Court
Fort Bend County, Texas
Trial Court
Cause No. 115,213
 
_________________________________________________________________
 
C O N C U R R I N G   O P I N I O
N
 
            Applying the standards of review
recently announced by the Texas Supreme Court, the record contains legally and
factually sufficient evidence to support the trial court’s findings that
appellant engaged in conduct that endangered U.P.’s
physical or emotional well-being and that termination of appellant’s parental
rights is in U.P.’s best interest.  See
Tex. Fam. Code. § 161.001;
In re J.F.C., —S.W.3d—, 46 Tex. Sup. Ct.
J. 328, 332–35, 2002 WL 31890913, at *5–*7 (Dec. 31, 2002); In re C.H., 89 S.W.3d 17, 25–26 (Tex. 2002); Holley v. Adams, 544 S.W.2d 367, 371–72
(Tex. 1976)
(promulgating a nonexclusive list of factors that may be considered when
determining the best interest of the child). 
Appellant did not preserve error as to his fifth and sixth points by
asserting these complaints and obtaining a ruling in the trial court.  See
Tex. R. App. P. 33.1(a).  Though I do not join in the majority’s
analysis, I concur in the court’s judgment.
 
 
                                                                                    
                                                                        /s/        Kem Thompson
Frost
                                                                                    Justice
 
Judgment rendered and Concurring Opinion filed April 17, 2003.
 
 
Panel consists of Justices Yates, Anderson, and
Frost.
 
 
 
 

