In the Interest of J.F.C.
This dissenting opinion addresses a parental-rights-termination case where the central issue is whether appellate courts can review unpreserved jury-charge errors under the common-law doctrine of fundamental error in Texas. Justice Hankinson argues for the application of fundamental error review, particularly when significant public interests, such as the "best interest of the child" as articulated in Texas statutes and caselaw, are involved. She identifies the trial court's jury charge, which omitted instructions on the children's "best interest," as erroneous. However, she disagrees with the court of appeals' finding that this error was harmful, citing overwhelming evidence presented at trial supporting termination based on the children's best interest. She also concludes that broad-form jury questions did not violate due process. Justice Hankinson dissents from the majority's opinion and judgment, criticizing its avoidance of the fundamental error review issue and its incorrect finding of harmful error, which led to the reversal and remand of the trial court's judgment.