The trial court, in this child custody modification suit, did not err by proceeding to trial with 11 jurors after finding one juror statutorily disqualified based on bias or prejudice under Texas Government Code §62.105(4) and another constitutionally disabled. The trial court excluded evidence of an alleged restaurant confrontation between the mother and another person that was offered to corroborate allegations of her alleged confrontational behavior, her alleged “in your face” attitude and alleged road rage incidents. The trial court did not abuse its discretion in excluding under Texas Rule of Evidence 403 by finding that the relevance was outweighed by the danger of opening the door to pre-MSA evidence. The appellant’s objection to non-segregated attorney’s fees was waived, because the issue was tried before the trial court and the appellant raised the issue in a motion for new trial. The trial court’s judgment is affirmed. IN THE INTEREST OF M.G.N., San Antonio Court of Appeals, No. 04-12-00108-CV, 7/29/15.
Patricia O. Alvarez