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GATES v. TEXAS DEPT. OF FAM. PROT. SERV.

No. 03-06-00784-CV.

252 S.W.3d 90 (2008)

Melissa GATES, Appellant v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee.

Court of Appeals of Texas, Austin.

April 18, 2008.

Attorney(s) appearing for the Case

Thomas Sanders, Sugar Land, Robert G. Gibson, Jr., Rosenbert, TX, for appellant.

Terence L. Thompson, Asst. Atty. Gen., Austin, TX, for appellee.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.

OPINION

BOB PEMBERTON, Justice.

Melissa Gates appeals from a judgment granting the Texas Department of Family and Protective Services's plea to the jurisdiction and dismissing her lawsuit against it. As its sole ground for dismissal, the Department had urged that Gates had failed to exhaust her administrative remedies. Concluding that Gates was not required to exhaust any administrative remedies before prosecuting...

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