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IN RE S.A.P.

No. 04-0473.

156 S.W.3d 574 (2005)

In the Interest of S.A.P.

Supreme Court of Texas.

January 21, 2005.

Attorney(s) appearing for the Case

Lana S. Shadwick, Houston, Leona Jaquette, Phoebe Ellis Knauer, Cathy Ann Morris, Austin, for Petitioner.

Charles L. Levy, Law Office of Charles Levy, Stanley Rentz, Nita C. Fanning, Law Office of Nita Fanning, Galen B. Edwards, Waco, for Respondents.

PER CURIAM.

Based on a unanimous jury verdict, the trial court terminated the respondents' parent-child relationship with S.A.P., their one-year-old son. Based on an estoppel defense that was neither pleaded nor submitted to the jury, a divided court of appeals reversed. 135 S.W.3d 165, 168-71. Because estoppel was not proved conclusively, we hold it was waived, and thus reverse.

S.A.P. was born on June 8, 2001 to Scott...

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