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BLACK v. DALLAS CTY. CHILD WELFARE UNIT

No. D-1536.

835 S.W.2d 626 (1992)

Teresa BLACK, Petitioner, v. DALLAS COUNTY CHILD WELFARE UNIT, Respondents.

Supreme Court of Texas.

Rehearing Overruled September 23, 1992.

Attorney(s) appearing for the Case

Lawrence Praeger, Allen R. Morris, Dallas, for petitioner.

Sue Berkel, Dan Morales and Carey E. Smith, Austin, for respondents.

OPINION

MAUZY, Justice.

We consider whether the recovery of attorney's fees against a state agency under Texas Civil Practice and Remedies Code chapter 105 requires a finding that the cause of action was frivolous, unreasonable or without foundation; and if so, whether such a finding was made in this case. The trial court, sitting without a jury, determined that the Texas Department of Human Services acted frivolously, unreasonably and without foundation...

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