IN RE M.T.

No. 12-08-00456-CV.

290 S.W.3d 908 (2009)

In the Interest of M.T. and M.T., minor children.

Court of Appeals of Texas, Tyler.

June 30, 2009.


Attorney(s) appearing for the Case

Martin R. Bennett, Athens, TX, for Appellant.

Lauren Melhart, for Appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


OPINION OVERRULING MOTION FOR REHEARING

BRIAN HOYLE, Justice.

R.T. filed a motion for rehearing requesting that we consider an issue not previously presented to this court in his brief. In this new issue, R.T. complains that Texas Family Code section 263.405 is unconstitutional, both facially and as applied to the case before us. For the reasons set forth below, we overrule R.T.'s motion for rehearing.

BACKGROUND

In his underlying...

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