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In re S.K.H.

Because the grandparents of the children did not properly support their factual sufficiency argument with respect to the actual damages award with legal authorities and record, they have waived their challenge to the sufficiency of the evidence to support the trial court's actual damages finding. El Paso Court of Appeals, No. 08-07-00356-CV, 03-19-2010

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OPINION

Mr. Robert Holder and Mrs. Phyllis Holder (“the Holders”) appeal the trial court’s judgment in favor of Dana Thompson (“Ms. Thompson”) on her Petition for Interference with Possessory Interest in Child, Interference with Child Custody, and Intentional Infliction of Emotional Distress. The Holders challenge the trial court’s judgment on the basis of factual insufficiency. We affirm.

Ms. Thompson is the mother of S.K.H., T.P.T., and N.A.T. The Holders are the grandparents of S.K.H., T.P.T., and N.A.T. Ms. Thompson filed a Petition for Permanent Restraining Order and Petition for Liability for Interference with Possessory Right in October 2003. The trial court subsequently entered an Interim Restraining Order to restrain the Holders from removing the children from Ms. Thompson. In June 2004, Ms. Thompson filed an Amended Petition for Interference with Possessory Interest in Child, Interference with Child Custody, and Intentional Infliction of Emotional Distress specifically alleging the Holders had taken or retained possession of S.K.H. and concealed S.K.H.’s whereabouts on a number of occasions. Ms. Thompson argued that this violated the order denying the Holders visitation rights.

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