Legal Opinion

M. S. v. Texas Department of Family and Protective Services

Texas Court of Appeals, 3rd District (Austin)

Decided November 22, 2024No. 03-24-00466-CVPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-24-00466-CV M. S., Appellant v. Texas Department of Family and Protective Services, Appellee FROM THE 274TH DISTRICT COURT OF HAYS COUNTY NO. 24-0506, THE HONORABLE MELISSA MCCLENAHAN, JUDGE PRESIDING CONCURRING OPINION For the reasons I expressed in a prior concurrence, I believe that the Court should not have analyzed the case under both (D) and (E) grounds. See R.R. v. Texas Dep’t of Fam. & Protective Servs., No. 03-24-00435-CV, 2024 WL 4574360, at *12-13 (Tex. App.—Austin Oct. 25, 2024, no pet. h.) (mem. op.) (Baker, J., concurring).…

2Cases cited6 opinions

  1. McCoy v. Court of Appeals of Wisconsin, District 1Supreme Court of the United States · 1988
  2. In the Interest of A.V.Texas Supreme Court · 2003
  3. in the Interest of E.M.N., a Child, Texas Court of Appeals, 2nd District (Fort Worth)2007
  4. United States v. Leslie EdwardsCourt of Appeals for the Seventh Circuit · 1985
  5. In the Interest of S.K.S., Texas Court of Appeals, 4th District (San Antonio)1983

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