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DEPT. FAMILY, PROT. SERV. v. DICKENSHEETS

No. 01-07-00584-CV.

274 S.W.3d 150 (2008)

TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellant, v. Travis Reid DICKENSHEETS and Andrea Liguori, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

September 11, 2008.

Attorney(s) appearing for the Case

Jeri Yenne, Crim. Dist. Atty., Trey D. Picard, Asst. Dist. Atty., Shayna Lynn Rosen Taibel, Terry and Terry, Angleton, for appellant.

Colin B. Amann, Julie A. Ketterman, Ketterman & Amann, PLLC, Houston, Shannon Tigner, Bass & Tigner, Angleton, for appellees.

Panel consists of Chief Justice RADACK and Justices KEYES and HIGLEY.

OPINION

EVELYN V. KEYES, Justice.

In this accelerated appeal, appellant, the Texas Department of Family and Protective Services ("DFPS") challenges the validity of Family Code section 263.401. In two issues, DFPS argues that (1) the deadline for dismissal of suits brought by DFPS in section 263.401 invades the exclusive function of a district or county attorney to represent DFPS and thus violates the Separation of Powers Clause and (2) an order dismissing...

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