
NO. 07-04-00267-CV



IN THE COURT OF APPEALS



FOR THE SEVENTH DISTRICT OF TEXAS



AT AMARILLO



PANEL A



JANUARY 13, 2005



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IN THE INTEREST OF L.W.B., II, A CHILD 

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FROM THE 72
ND
 DISTRICT COURT OF LUBBOCK COUNTY;



NO. 2003-520,737; HONORABLE KEVIN C. HART, JUDGE

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Before JOHNSON, C.J., and REAVIS and CAMPBELL, JJ.

CONCURRING OPINION

I concur with the result reached by the majority.  In my view, though, when the Department of Family and Protective Services seeks termination of the parent-child relationship, it may not take a nonsuit without the approval of the trial court.  Tex. Fam. Code Ann. § 161.203 (Vernon 2002).  Here, as the court’s opinion notes, the trial court signed an order dismissing cause number 2001-514,702 without prejudice in response to the notice of nonsuit filed by the Department.	

James T. Campbell

        Justice 

 

