[Download] "Department Of Protective And Regulatory Services V. Schutz" by Texas Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Department Of Protective And Regulatory Services V. Schutz
• Author : Texas Court of Appeals
• Release Date : January 19, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

This is an appeal from a bench trial in a declaratory-judgment action. The appellees, AnnJeanette and Mark *fn1 Schutz ("the Schutzes"), brought against the Department of Protective and Regulatory Services ("the department"). The Schutzes sought a declaratory judgment that the definition of "neglect" in Family Code section 261.001(4)(B)(i) was unconstitutionally vague as applied to AnnJeanette and that AnnJeanette Schutz was not guilty of neglect. Tex. Fam. Code Ann. § 261.001(4)(B)(I) (Vernon 2002). The district court enjoined the department from holding the administrative hearing. After a bench trial, the district court rendered judgment that AnnJeanette Schutz was not guilty of neglect and that section 261.001(4)(B)(i) was unconstitutionally vague on its face, and awarded attorney's fees to the Schutzes' counsel in the amount of $32,487.50. In five issues, the department argues the district court erred in rendering judgment in the Schutzes' favor because: (1) the district court did not have subject-matter jurisdiction; (2) the district court should have abated the case because an administrative hearing on the same subject was pending; (3) the district court should have granted the department's motion for judgment because there were administrative proceedings pending and declaratory relief was not a proper remedy; (4) the definition of neglect is not unconstitutionally vague; and (5) AnnJeanette Schutz was guilty of neglect under the Family Code.

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