Garcia v. Kubosh

The Court’s opinion, which I authored, holds that this Court’s prior precedent binds us to conclude that we have interlocutory jurisdiction under section 51.014(a)(8) of the CPRC to consider challenges to subject-matter jurisdiction not raised in the plea to the jurisdiction decided by the trial court.1 While we are bound by our precedent, I disagree with it. I therefore write separately to analyze why this Court does not, and should not, have interlocutory jurisdiction under section 51.014(a)(8) over subject-matter-jurisdiction challenges that were not the subject of a “plea to the…