Legal Opinion · Dissent

Boateng v. Trailblazer Health Enterprises, L.L.C.

Court of Appeals of Texas

Decided July 26, 2005No. 14-03-01442-CVPublished

1DissentJ. Harvey Hudson, Justice

The majority reverses the judgment of the court below on the theory that the court did not give “reasonable notice” to appellants of its intention to dismiss the cause of action for want of subject matter jurisdiction at a preliminary hearing. Because I believe the trial court (1) lacked subject matter jurisdiction, (2) had the authority to sua sponte raise and decide the issue of its subject matter jurisdiction, and (3) afforded “reasonable notice” to the parties that its subject matter jurisdiction was at the heart of the issue to be decided at the preliminary hearing, I respectfully…

2Cases cited32 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  3. United States v. MitchellSupreme Court of the United States · 1983
  4. King Ranch, Inc. v. ChapmanTexas Supreme Court · 2003
  5. Lane v. PenaSupreme Court of the United States · 1996

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