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IN RE C.M.D.

No. 14-08-00113-CV.

287 S.W.3d 510 (2009)

In The Interest of C.M.D., a Child.

Court of Appeals of Texas, Houston (14th Dist.).

June 25, 2009.

Attorney(s) appearing for the Case

Sallee S. Smyth, Richmond, TX, for appellants.

Mark Lapidus, Houston, TX, for appellees.

Panel consists of Chief Justice HEDGES and Justices YATES and GUZMAN.

OPINION

LESLIE B. YATES, Justice.

Appellant LDS Family Services appeals the trial court's sua sponte determination that section 161.002(b) of the Texas Family Code is unconstitutional under the Texas and United States Constitutions. Because we determine the trial court's ruling is not supported by the evidence and circumstances of this case, we reverse and remand.

BACKGROUND

On October 19, 2007, LDS, a private adoption agency, brought an...

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