Black v. Dallas County Child Welfare Unit

HECHT, Justice,

joined by PHILLIPS, Chief Justice, and GONZALEZ and CORNYN, Justices, dissenting.

A state agency is liable for attorney fees under Tex.Civ.Prac. & Rem.Code § 105.0021 only if it asserts a cause of action that the court finds to be frivolous, unreasonable or without foundation. The determinative issue is not how the agency acted, but how devoid of merit its action — its lawsuit— was. The district court did not make this distinction in this case, which was brought by the Department of Human Services for custody of two children whom it took into its possession based upon evidence…