JEFFERSON COUNTY v. FARRIS, 01-17-00493-CV. (2018)
Court: Court of Appeals of Texas
Number: intxco20180301h35
Visitors: 12
Filed: Mar. 01, 2018
Latest Update: Mar. 01, 2018
Summary: ORDER MICHAEL MASSENGALE , Judge . On February 12, 2018, appellant Jefferson County filed a motion for leave to file a supplemental brief raising a new jurisdictional issue. In particular, Jefferson County contends that Farris failed to comply with the notice provision of the Texas Tort Claims Act. See TEX. CIV. PRAC. & REM. CODE 101.101. The County argues that failure to provide this notice deprived the trial court of subject-matter jurisdiction. The County apparently has not raised th
Summary: ORDER MICHAEL MASSENGALE , Judge . On February 12, 2018, appellant Jefferson County filed a motion for leave to file a supplemental brief raising a new jurisdictional issue. In particular, Jefferson County contends that Farris failed to comply with the notice provision of the Texas Tort Claims Act. See TEX. CIV. PRAC. & REM. CODE 101.101. The County argues that failure to provide this notice deprived the trial court of subject-matter jurisdiction. The County apparently has not raised thi..
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ORDER
MICHAEL MASSENGALE, Judge.
On February 12, 2018, appellant Jefferson County filed a motion for leave to file a supplemental brief raising a new jurisdictional issue. In particular, Jefferson County contends that Farris failed to comply with the notice provision of the Texas Tort Claims Act. See TEX. CIV. PRAC. & REM. CODE § 101.101. The County argues that failure to provide this notice deprived the trial court of subject-matter jurisdiction. The County apparently has not raised this argument previously, either in the trial court or on appeal.
"Subject-matter jurisdiction cannot be created by waiver, and parties may raise challenges to subject-matter jurisdiction for the first time on appeal." Clint Indep. Sch. Dist. v. Marquez, 487 S.W.3d 538, 558 (Tex. 2016). Accordingly, we grant Jefferson County's motion for leave to file its supplemental brief.
The court requests a response to the County's supplemental brief of February 12, 2018, which is due no later than April 2, 2018.
It is so ORDERED.
Source: Leagle
