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Supreme Court of Texas


In re Texas Dep't of Family & Protective Servs., 04-1043

A court of appeals' grant of petitions for writ of mandamus is reversed where, although the trial court abused its discretion in failing to dismiss the Department's case under Texas Family Code section 263.401, which establishes a deadline for rendition of a final order in suits affecting the parent-child relationship, the parties challenging the denial had an adequate remedy by accelerated appeal.

Appellate Information

  • Decided 09/22/2006
  • Published 09/22/2006

Judges

  • Justice WAINWRIGHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice BRISTER, Justice MEDINA, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

Court

  • Supreme Court of Texas

Counsel

  • For Appellant:
  • Ronald Earle, Travis County District Atty., C. Bryan Case Jr., Asst. District Atty., Austin, for Relator., John Joseph Hindera, Robert Gavin, Christina M. Utkov, Austin, for Real Party In Interest.

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