Texas Supreme Court
In Re Texas Department of Family and Protective Services
December 15, 200650 Tex. Sup. Ct. J. 238
Summary
The Texas Supreme Court held that the statutory deadline for dismissal under Tex. Fam. Code §263.401 began on the ex parte order of January 23, 2003, making July 24, 2004 the proper dismissal date, and that the trial court abused its discretion by failing to dismiss. It further held that the parties had an adequate remedy by the accelerated appeal provided in §263.405, so mandamus relief was improper and the Court vacated the Court of Appeals' mandamus order while conditionally granting the Department’s petition for writ of mandamus. Justice O’Neill dissented, arguing that mandamus was appropriate because no adequate appellate remedy existed at the time of the petition.