Supreme Court of Texas

A plaintiff who, on appeal, loses a plea to the jurisdiction based on sovereign immunity generally is entitled to a remand for an opportunity to cure the jurisdictional pleading defect, but when a pleading cannot be cured of its jurisdictional defect, a plaintiff is not entitled to amend. Also, appellate courts have jurisdiction to consider a government official's appeal of a trial court's denial of a plea to the jurisdiction based on sovereign immunity.

Appellate Information

• Argued 11/14/2006
• Decided 09/07/2007
• Published 09/07/2007

Judges

• Justice GREEN delivered the opinion of the Court.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Office of Atty. Gen., Jeffrey L. Rose, Atty. Gen., Robert Francis Johnson, Assistant Atty. Gen., Don Wayne Cruse Jr., Assistant Solicitor Gen., and Rafael Edward Cruz, Office of Atty. Gen., Austin, for Petitioner.


• For Appellees:
  
• Wayne T. Rife, Law Offices of Wayne T. Rife, P.C., College Station, TX, for Respondent.