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STATE BY AND THRU TDMHMR v. ELLISON

No. 03-95-00097-CV.

914 S.W.2d 679 (1996)

STATE of Texas, Acting By and Through the TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, Appellant, v. Charles W. ELLISON, Guardian of the Estate of James L. Ellison, Appellee.

Court of Appeals of Texas, Austin.

January 17, 1996.

Attorney(s) appearing for the Case

Pamela C. Oglesby, Mary Ann Slavin, Chief Attorneys, Reimbursement Department, TDMHMR, Austin, for appellant.

Aaron L. Jackson, Jackson & Hemer, L.L.P., Austin, for appellee.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

CARROLL, Chief Justice.

Appellant State of Texas acting by and through the Texas Department of Mental Health and Mental Retardation ("TDMHMR") appeals a judgment rendered for appellee Charles W. Ellison on two causes of action which were simultaneously tried before the trial court. The first cause of action was an application to remove appellee as the guardian of James L. Ellison, a resident of Mexia State School. The second cause of action was appellee's Motion for...

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