Tjfa, L.P. v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00677-CV TJFA, L.P., Appellant v. Texas Commission on Environmental Quality and BFI Waste Systems of North America, Inc., Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. D-1-GN-09-004062, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING CONCURRING AND DISSENTING OPINION While I agree that the failure to effectuate service within the deadline for service set forth in subsection 361.321(c) of the health and safety code is not jurisdictional, I disagree with the majority’s conclusion that the service deadline is…