Jefferson County, Texas v. Ellarene Farris, Individually and as Personal Representative of the Heirs and Estate of James Farris

• Court: Court of Appeals of Texas
• Decided: March 1, 2018
• Docket: 01-17-00493-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Jefferson County, Texas v. Ellarene Farris, Individually and as Personal Representative of the Heirs and Estate of James Farris

Appellate case number: 01-17-00493-CV

Trial court case number: 2005-09580

Trial court: 11th District Court of Harris County

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.

Judge’s signature: /s/ Michael Massengale  Acting individually  Acting for the Court

Panel consists of Justices Jennings, Massengale, and Caughey.

Date: March 1, 2018