Morrow v. Port Arthur Independent School District

I am in accord with the determination that defendant could have properly raised its jurisdictional point by a motion for summary judgment or by special exception under Tex.R.Civ.P. 90 (1967), as interpreted in McCamey v. Kinnear, 484 S.W.2d 150, 152-153 (Tex.Civ.App.—Beaumont 1972, writ ref’d n. r. e.). I do not agree that these two procedures are exclusive or that the trial court erred in dismissing the case because plaintiff’s pleadings failed to state a cause of action.

Plaintiff’s petition contains three numbered paragraphs and a prayer. The first paragraph identifies the parties. The…