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MARTIN v. TEX. DEPT. OF FAMILY & PROTECTIVE

No. 01-03-01111-CV.

176 S.W.3d 390 (2004)

Connie MARTIN, Appellant, v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee.

Court of Appeals of Texas, First District, Houston.

August 31, 2004.

Attorney(s) appearing for the Case

Bobbie Sherril, Richmond, Leonard Mitchell Rubin, Houston, for Ad Litem.

Chris Lynn Branson, Houston, for Appellant.

James Edward Kincade, Stafford, Ramiro Canales, Asst. Atty. General, Austin, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and SULLIVAN.

OPINION

JANE BLAND, Justice.

Appellant Connie Martin moved for sanctions against appellee, the Texas Department of Family and Protective Services (DFPS),1 alleging that the lawsuit the DFPS had filed against her was frivolous. The same day, the DFPS moved to nonsuit its claims against Martin, and the trial court granted the motion. Thereafter, Martin sought discovery against the DFPS...

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