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TEXAS DEPT. OF HEALTH v. TEXAS HEALTH ENT.

No. 05-92-01322-CV.

871 S.W.2d 498 (1993)

TEXAS DEPARTMENT OF HEALTH and Texas Department of Human Services, Appellants, v. TEXAS HEALTH ENTERPRISES, INC., Appellee.

Court of Appeals of Texas, Dallas.

December 10, 1993.

Attorney(s) appearing for the Case

Debra H. Green, Austin, for appellants.

Lewis LeClair, Dan S. Boyd and Kristine D. Horn, Dallas, for appellee.

Before THOMAS, CHAPMAN and ROSENBERG, JJ.

OPINION

ROSENBERG, Justice.

The Texas Department of Health (TDH) and the Texas Department of Human Services (Human Services) appeal the trial court's summary judgment granted to Texas Health Enterprises, Inc. (the nursing home). Appellants,1 in three points of error, contend that summary judgment is improper because the trial court lacked jurisdiction, rendered an advisory opinion, and did not require the nursing home to exhaust...

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