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IN RE J.F.C.

No. 01-0571.

96 S.W.3d 256 (2002)

In the Interest of J.F.C., A.B.C., and M.B.C., Minor Children.

Supreme Court of Texas.

Decided December 31, 2002.

Rehearing Denied March 6, 2003.

Attorney(s) appearing for the Case

Idolina Garcia, Office of the Attorney General of Texas, Julie Caruthers Parsley, Office of the Solicitor General of Texas, Jeffrey S. Boyd, Office of the Attorney General, John Cornyn, Attorney General of the State of Texas, Howard G. Baldwin, First Assistant Attorney General, Austin, James Wiley, Assistant Criminal district Attorney, Amy Innmon Forrester and Thomas C. West, Waco, for Petitioners.

Nita C. Fanning, Kathryn J. Gilliam, Waco, L. T. "Butch" Bradt, Houston, and Joseph M. Layman, Waco, for Respondent.

Justice OWEN delivered the opinion of the Court in which Chief Justice PHILLIPS, Justice HECHT, Justice JEFFERSON, and Justice SMITH joined.

After a jury trial, the trial court in this case rendered a judgment terminating the rights of both the mother and father to three of their children. A divided court of appeals reversed and remanded, holding that omission of an instruction that termination must be in the children's best interest from material parts of the jury...

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