Every passage below is lifted verbatim out of the citing opinion, with the
citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
Tianikwa Haywood v. No Bull Investments, LLC2026-06-11
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Ernie Alonzo, Michele Pena, Oscar Salinas, and Dr. Mario Salinas v. Paul Rocha, as Next Friend of N.R.2026-06-09
…request, objection, or motion, either expressly or implicitly. TEX. R. APP. P. 33.1(a)(2)(A). Because a trial court cannot reach the merits of a case without subject matter jurisdiction, Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993), a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implicitly denied the jurisdictional challenge. See, e.g., Soberay Mach. & 1 In a related petition for writ of mandamus, appellants asserted in relevant part that the trial court abuse…
The State of Texas v. City of McAllen2026-06-05
…ts exist to resolve concrete, real-world disputes. Thus, our declaratory-judgment power extends only to a “real controversy between the parties, which will be actually determined by the judicial declaration sought.” Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993) (citation modified). Like any other judgment, a declaratory judgment must redress concrete injuries traceable to the defendant. See Heckman, 369 S.W.3d at 154. Otherwise, it is outside the courts’ jurisdiction. Whatever indirect effect our precedent-setting opinions may have on the behavior of non-parties, our jurisdic…
Kavonnie Edwards v. Jeremiah McNezer2026-05-28
…the restitution that was granted.” Edwards also stated that she “would like [her] day in court” and was “requesting an appeal to appear in court.” “Standing is a component of subject-matter jurisdiction, Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993), and appellate standing is typically afforded ‘only to parties of record,’ Gunn v. Cavanaugh, 391 S.W.2d 723, 724–25 (Tex. 1965).” State v. Naylor, 466 S.W.3d 783, 787 (Tex. 2015); see In re Marriage of Thrash, 605 S.W.3d 224, 228–29 (Tex. App.—San Antonio 2020, pet. denied); Tex. Quarter Horse Ass’n v. Am. Legion Dep’t of…
African American Historic Preservation Committee, Inc. v. State of Texas and City of Texas City2026-05-28
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Ken Paxton, Attorney General of Texas v. the City of Austin and Austin Transit Partnership Local Government Corporation2026-05-22
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Solo Transport v. Stealth Mode Partners LLC Dba Falcon Truck Bodies LLC2026-05-13
…of a party sua sponte, it must construe the petition in favor of the party [seeking to invoke the court’s jurisdiction], and if necessary, review the entire record to determine if any evidence supports standing.” Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). -5- 04-25-00138-CV B. Standing “When standing has been conferred by statute, the statute itself should serve as the proper framework for a standing analysis.” In re K.D.…
Vickie Jo Perry and Ricky C. Loving v. Addie Jo Perry2026-05-13
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Ryan Busse, Josh Klostermann, Russel Klostermann, Layne Klostermann, Mitch Thomas, Olivia Rincones, Robert Rincones, Ruben Rincones, Enrica Rincones, 2026-05-08
…antee genuine adversity. See Heckman, 369 S.W.3d at 154 (“In Texas, the standing doctrine requires a concrete injury to the plaintiff and a real controversy between the parties that will be resolved by the court.”); Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 n.9 (Tex. 1993) (“Standing is determined at the time suit is filed in the trial court . . . .”). The court of appeals’ focus on how the suit could burden STISD wrongly 4 We acknowledge there may be claims within plaintiffs’ petition that appear to seek an injunction against the particular expenditure of funds, such as expenditu…
Texas Association of Counties Risk Management Pool v. Dianna Adams, as Surviving Spouse of Neil Adams2026-05-07
…ect-matter jurisdiction.” San Jacinto River Auth. v. City of Conroe, 688 S.W.3d 124, 130 (Tex. 2024). Subject-matter jurisdiction is essential to a court’s authority to decide a case and is never presumed. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443-44 (Tex. 1993). We interpret statutory waivers of immunity narrowly, since the Legislature’s intent to waive immunity must be “effected by clear and unambiguous language.” See Tex. Gov’t Code Ann. § 311.034; Mission Consol. Indep. Sch. Dist. v. Garcia, 253 S.W.3d 653, 655 (Tex. 2008). Whether subject-matter jurisdiction exists due to…
The City of Lytle, Texas, Ruben Gonzalez, Miguel Aguirre, Ruben Gonzalez, Michael Rodriguez, and Matthew Martinez v. Lytle MHC Real Estate, LLC2026-04-29
…V ANALYSIS Applicable Law on Governmental Immunity Subject matter jurisdiction is essential to a court’s authority to decide a case. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993). Governmental immunity from suit defeats a trial court’s subject matter jurisdiction and is properly asserted in a plea to the jurisdiction. Miranda, 133 S.W.3d at 225-26; see Jones, 646 S.W.3d at 325 (“At the plea to the jurisdiction stage, governmental officials may challenge jurisdiction based solely on the pleadings or…
Greg Abbott, in His Official Capacity as Governor of the State of Texas; Stephanie Muth, in Her Official Capacity as Commissioner of the Department of2026-04-24
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Texas Department of Public Safety v. Kenneth F. Sanders, Jr.2026-04-16
…cept the allegations in the pleadings as true and construe them liberally in the plaintiff’s favor. Id. The plaintiff has the burden of establishing facts that affirmatively show the trial court has jurisdiction. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993). If the pleadings fail to allege facts to affirmatively demonstrate the trial court’s jurisdiction, but also do not affirmatively demonstrate incurable jurisdictional defects, the issue is one of pleading sufficiency and the plaintiff should be afforded the opportunity to amend. Miranda, 133 S.W.3d. at 226–27. However, if…
Cornelius Hudson v. Irving Holdings, Inc., Salah Mouse, Yellow Cab, Trinity Metro, Fort Worth Transportation Authority, and ACCESS F/K/A MITS2026-04-16
…has not proved standing to prosecute this lawsuit.” 6 The plaintiff bears the burden of alleging facts that affirmatively establish subject matter jurisdiction. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 446 (Tex. 1993); Big Rock Investors Ass’n, 409 S.W.3d at 848. When, as in this case, a jurisdictional plea challenges the plaintiff’s pleadings, the court determines whether the plaintiff has alleged facts that affirmatively demonstrate a court’s jurisdiction to hear the cause. Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 22…
Oscar Dominguez v. Aletha Marie Dominguez2026-04-09
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Esdras Nehemias Pineda Orellana v. National Specialty Insurance Company2026-04-09
…ecide a case. Herrera v. Mata, 702 S.W.3d 538, 541 (Tex. 2024) (per curiam); Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 553–54 (Tex. 2000). Subject-matter jurisdiction is never presumed and cannot be waived. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443–44 (Tex. 1993). responded and explained that his trial counsel did not represent him following the trial court’s entry of judgment, he acted pro se, he possesses no legal training, he has limited proficiency in English, and he believed that filing his notice of appeal with the trial court clerk on May 22 “was t…
Recreational Land Sales, LLC/James M. Allen, Charles Cedars, and Deborah Cedars v. James M. Allen, Charles Cedars, and Deborah Cedars/Recreational Lan2026-04-07
…Two—whether the Neighbors’ claims are ripe for this Court’s review. A. Standard of review and applicable law Subject matter jurisdiction is an issue that may be raised for the first time on appeal. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 445 (Tex. 1993); see also Robinson v. Parker, 353 S.W.3d 753, 755 (Tex. 2011) (recognizing same). “Ripeness is an element of subject matter jurisdiction.” Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex. 1998). “The ripeness doctrine conserves judicial time and resources for real and current controversies, rather than abstract, hypo…
In Re Jesus Ybarra, Relator v. the State of Texas2026-03-25
…ourt for a contempt hearing.” We decline to prohibit a proceeding that has not yet occurred based on a defense that has not yet been raised, litigated, or rejected. To do so would be to issue an advisory opinion. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 444 (Tex. 1993). For this reason, we reject Relator’s request for relief on double jeopardy grounds. Lawrence M. Doss Justice 7…
JAJWK,LLC and JAJWK, LP v. Primeway Federal Credit Union2026-03-12
…ing the merits in any appeal, we must have jurisdiction to do so. See Pike v. Tex. EMC Mgmt., LLC, 610 S.W.3d 763, 774 (Tex. 2020) (“[W]e have an obligation to examine our jurisdiction any time it is in doubt.”); Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443–44 (Tex. 1993) (“Subject matter 5 jurisdiction is never presumed and cannot be waived.”). The events relevant to appellate jurisdiction all took place in 2023. JAJWK seeks to appeal from two turnover orders: • Turnover Order #1: Signed June 26 • Turnover Order #2: Sign…
Texas Commission on Environmental Quality and Guadalupe-Blanco River Authority v. National Wildlife Federation2026-03-10
…own right, (2) the interests it seeks to protect are germane to the organization’s purpose, and (3) neither the claim asserted nor the relief requested required the participation of individual members in the suit. Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 447 (Tex. 1993). Only the first element of associational standing is at issue in this appeal. 7 provisions of Water Code “should be read in conjunction and harmony with” the judicial-review provisions of APA); Texas Rivers Protection Ass’n v. Texas Nat. Res. Conservation Comm’n, 910 S.W.2d 147,…
Robert E. Jenkins v. Melinda De La Cruz2026-03-05
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
In Re Fort Bend County v. the State of Texas2026-02-24
…nnot be waived. See Rusk State Hosp. v. Black, 392 S.W.3d 88, 95 (Tex. 2012) (holding that appellate court could consider issue of immunity, which implicates subject-matter jurisdiction, for first time on appeal); Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 443–44 (Tex. 1993) (holding that because “[s]ubject matter jurisdiction is never presumed and cannot be waived,” issue of standing could be raised for first time on appeal). Because it had no jurisdiction over Heiliger’s suit challenging the ALJ’s subpoena, the district court’s orders in this case are void. A relator in a mandamus proceeding…
Binh Nguyen v. Jeana Tran and Truc Le, Individually and on Behalf of Wilcrest Park Townhomes Owners" Association, Inc., Wilcrest Park Townhomes Owners2026-02-19
…, 716 S.W.3d 140, 148 n.12 (Tex. 2025). Because standing is a component of subject-matter jurisdiction, it cannot be waived and may be raised for the first time on appeal by a party or the appellate court. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 445-46 (Tex. 1993); Country Cmty. Timberlake Vill., L.P. v. HMW Special Util. Dist., 438 S.W.3d 661, 667 (Tex. App.—Houston [1st Dist.] 2014, pet. denied). We must 16 engage in a sua sponte review of our jurisdiction whenever it is uncertain. See Hensley v. State Comm’n on Judicial Conduct, 692…
City of Pharr v. Lt. Krystle Guerra2026-02-12
…y reasons. A. Standard of Review Subject matter jurisdiction is essential to a court’s authority to decide a case. In re Abbott, 601 S.W.3d 802, 807 (Tex. 2020) (orig. proceeding) (per curiam) (citing Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993)). Whether a trial court has subject matter jurisdiction over a plaintiff’s claim is generally a question of law we review de novo. Sampson v. Univ. of Tex. at Aus., 500 S.W.3d 380, 384 (Tex. 2016). Governmental entities are generally immune from suits for money damages unless the Legislature has expressly waived imm…
Rain Levy Minns Udall v. Michael Minns2026-01-30
…met, and [Grandfather] has standing to bring this suit.” Standing is a threshold requirement for subject-matter jurisdiction and a constitutional prerequisite to maintaining a lawsuit. See, e.g., Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 443-44 (Tex. 1993); Jasek v. Texas Dep’t of Fam. & Protective Servs., 348 S.W.3d 523, 527 (Tex. App.—Austin 2011, no pet.). Whether a party has standing to pursue a cause of action is a claim that we review de novo. Mauldin v. Clements, 428 S.W.3d 247, 262 (Tex. App.—Houston [1st Dist.] 2014, no pet.). When, as here, the trial court does n…
Kimberly Pickens as Administrator for and on Behalf of the Estate of Rajolei Dejahl Pickens, Individually and as Next Friend of William Pickens, Diego2026-01-29
…ect of the trial court’s order on appellant’s premises liability cause of action. A. Standing As a preliminary issue, we must first determine whether appellant had standing to file suit. See generally, Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 4 (Tex. 1993) (“Subject matter jurisdiction is essential to the authority of a court to decide. Standing is implicit in the concept of subject matter jurisdiction.”); see also In re K.S., No. 2021 WL 317656, at *3 (Tex. App.—Corpus Christi–Edinburg Jan. 28, 2021, no pet.) (mem. op.). App…