Childers v. Independent School District No. 1 of Bryan County

My dissent is not from the court’s pronouncement on the merits of this case but from its unwarranted exercise of appellate jurisdiction.

The instant appeal is, in my view, laden with a fatal postural infirmity. It should be dismissed for want of jurisdiction to entertain the issues sought to be presented.

Appellee’s motion to dismiss this appeal— previously denied by a divided court without a bar to its re-argument on the merits1 —remains a fit and available subject for our reconsideration.2 I would re-inquire into our jurisdiction and hold that neither *998of the two petitions-in-error on file in…