Legal Opinion

Gates v. Texas Department of Family & Protective Services

Texas Court of Appeals, 3rd District (Austin)

Decided April 18, 2008No. 03-06-00784-CVPublishedCited by 13 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

Melissa Gates appeals from a judgment granting the Texas Department of Family and Protective Services’s plea to the jurisdiction and dismissing her lawsuit against it. As its sole ground for dismissal, the Department had urged that Gates had failed to exhaust her administrative remedies. Concluding that Gates was not required to exhaust any administrative remedies before prosecuting her suit, we reverse the judgment of dismissal and remand to the district court for further proceedings.

BACKGROUND

At relevant times, Ms. Gates and her husband have been the parents of…

2Cases cited9 opinions

  1. Subaru of America, Inc. v. David McDavid Nissan, Inc.Texas Supreme Court · 2002
  2. Texas Department of Protective & Regulatory Services v. Mega Child Care, Inc.Texas Supreme Court · 2004
  3. Thomas v. LongTexas Supreme Court · 2006
  4. Public Utility Commission v. Gulf States Utilities Co.Texas Supreme Court · 1991
  5. Rodriguez v. Service Lloyds Insurance Co.Texas Supreme Court · 1999

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3Cited by13 opinions

  1. County of Reeves v. Texas Commission on Environmental Quality, Texas Court of Appeals, 3rd District (Austin)2008
  2. Travis Central Appraisal District v. Norman, Texas Court of Appeals, 3rd District (Austin)2008
  3. Alphonso Crutch Life Support Center v. Michael L. Williams, Commissioner of Education Holland Timmons, Designee of the Commissioner And the Texas Education Agency, Texas Court of Appeals, 3rd District (Austin)2015
  4. Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement, Texas Court of Appeals, 15th District2025
  5. County of Reeves v. Texas Commission on Environmental Quality and Town of Pecos City, Texas Court of Appeals, 3rd District (Austin)2008

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