Texas Department of Parks & Wildlife v. Miranda

I dissent on two grounds. First, I do not agree that our precedent requires the Mirandas to produce evidence on all essential elements of their cause of action to establish the trial court’s jurisdiction. The Court’s holding is inconsistent with the distinction Bland draws between requiring the plaintiff to prove preliminary facts as a predicate to the trial court’s power to entertain the merits, and requiring her to present the merits themselves on pain of dismissal. Bland Indep. School Dist. v. Blue, 34 S.W.3d 547 (Tex.2000).1

Second, I cannot agree that the Mi-randas’ pleading has alleged…