DISSENTING OPINION
No. 04-01-00493-CV
IN THE INTEREST OF R.H., et al., Children
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-PA-00420
Honorable David Berchelmann, Jr., Judge Presiding (1)
Opinion by: Phil Hardberger, Chief Justice
Dissenting opinion by: Sandee Bryan Marion, Justice
Sitting: Phil Hardberger, Chief Justice
Catherine Stone, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: March 13, 2002
I must respectfully dissent because I do not believe that the Craddock rule applies. This was not, in my opinion, a post-answer "default" because the appellant's counsel appeared and participated at the trial. Accordingly, I would conclude that the trial court did not abuse its discretion in denying the appellant's motion for new trial.
Sandee Bryan Marion, Justice
PUBLISH
1. The Honorable Peter Sakai presided over the hearing, and his recommendations were adopted by the Honorable David Berchelmann, Jr.