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D.R. v. TEXAS DEPT. OF FAMILY AND PROT. SERV.

No. 08-07-00355-CV.

281 S.W.3d 598 (2008)

D.R., Appellant, v. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellee.

Court of Appeals of Texas, El Paso.

December 18, 2008.

Attorney(s) appearing for the Case

John Gates, El Paso, for Appellant.

Trevor Woodruff, Office of General Counsel, Austin, for Appellee.

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

This appeal arises from an order terminating Appellant's parental rights to three children. Appellant D. R., raises two issues on appeal. In Issue One, he challenges the trial court's finding that the appeal is frivolous pursuant to TEX.FAM. CODE ANN. § 263.405(d)(3). In Issue Two, D.R. contends that Section 263.405 violates his constitutional right to due process. We reverse.

D.R. is the...

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