Legal Opinion
Department of Family and Protective Services v. Travis Reid Dickensheets
Texas Court of Appeals, 1st District (Houston)
Decided September 11, 2008No. 01-07-00584-CVPublishedCited by 7 opinions
1Opinion of the Court
OPINION
EVELYN V. KEYES, Justice.
In this accelerated appeal, appellant, the Texas Department of Family and Protective Services (“DFPS”) challenges the validity of Family Code section 268.401. In two issues, DFPS argues that (1) the deadline for dismissal of suits brought by DFPS in section 263.401 invades the exclusive function of a district or county attorney to represent DFPS and thus violates the Separation of Powers Clause and (2) an order dismissing a termination suit under section 268.401 is a final and appeal-able order.
We affirm.
Background
On February 6, 2006, DFPS filed a suit…
2Cases cited22 opinions
- Barker v. WingoSupreme Court of the United States · 1972
- General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001
- Barshop v. Medina County Underground Water Conservation DistrictTexas Supreme Court · 1996
- Texas Boll Weevil Eradication Foundation, Inc. v. LewellenTexas Supreme Court · 1997
- Brady v. Fourteenth Court of AppealsTexas Supreme Court · 1990
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3Cited by7 opinions
- In the Interest of G.J.P. and R.P., Children, Texas Court of Appeals, 6th District (Texarkana)2010
- In the Interest of C.M.D.Court of Appeals of Texas · 2009
- Carrick v. Summers, Texas Court of Appeals, 9th District (Beaumont)2009
- DEPT. FAMILY, PROT. SERV. v. Dickensheets, Texas Court of Appeals, 1st District (Houston)2008
- State v. RIVER FOREST DEVELOPMENT CO., Texas Court of Appeals, 1st District (Houston)2010
2 more not listed; retrieve them via the Exa API.