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Opinion filed June 7, 2007
In The
Eleventh Court of Appeals
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No. 11-07-00052-CV
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IN THE INTEREST OF C.E.L. AND S.M.L., CHILDREN
On Appeal from the 91st District Court
Eastland County, Texas
Trial Court Cause No. PC-05-40103
M E M O R A N D U M O P I N I O N
The jury terminated the parental rights of Elizabeth Ann Larkin and Michael Lynn Ozenghar to their children C.E.L. and S.M.L. Both Larkin and Ozenghar filed notices of appeal. The trial court entered timely findings under Tex. Fam. Code Ann. ' 263.405 (Vernon Supp. 2006) that both appeals were frivolous. We affirm the trial court=s findings.
Pursuant to Section 263.405(d), the trial court is required to determine if the appeal is frivolous under Tex. Civ. Prac. & Rem. Code Ann. ' 13.003 (Vernon 2002). An appeal is frivolous if it lacks an arguable basis in either fact or law, and the trial court=s determination is reviewed for an abuse of discretion. In re K.D., 202 S.W.3d 860, 866 (Tex. App.CFort Worth 2006, no pet.); In re H.D.H., 127 S.W.3d 921, 923 (Tex. App.CBeaumont 2004, no pet.). Under Section 263.405(g), the issue before this court is whether the trial court erred in its determination that the appeals were frivolous.
The trial court entered extensive findings of fact and conclusions of law in this case. These
included findings that the children were observed in a home where both human and animal feces, trash, maggots, a rat, and a mange-infected dog were found. At various times during a six-month period, the home was found to be filthy, unsafe, and unsanitary. Both parents were aware that S.M.L. was developmentally delayed and that C.E.L. had severe dental health problems, and both had failed to secure adequate treatment for either child. Even though both parents had attended various parenting and counseling programs, they were unable to follow through with simple tasks and assignments, were unable to provide a safe and clean home or a stable financial situation for the children, and did not seem to appreciate the seriousness of the situation.
The trial court did not abuse its discretion when it found both Larkin=s and Ozenghar=s appeals to be frivolous. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985). The judgment of the trial court is affirmed.
PER CURIAM
June 7, 2007
Panel consists of: McCall, J., and Strange, J.
Wright, C.J., not participating.