Texas Supreme Court
In the Interest of M.N., a Child.
August 29, 200851 Tex. Sup. Ct. J. 1376
Summary
The Texas Supreme Court held that the trial court may, under Texas Rule of Civil Procedure 5, grant a motion to extend the filing deadline for a statement of points under Family Code §263.405, and that the mother’s statement filed within the granted extension was timely and preserved for appeal. Accordingly, the Court reversed the Court of Appeals and remanded for further proceedings. The Court declined to address the constitutional challenge to the fifteen‑day deadline. Justice Willett dissented, arguing that the statutory deadline is mandatory and should not be overridden.