Dallas County, Texas v. Roy Logan
407 S.W.3d 745
Tex.2013Background
- Dallas County appealed a denial of its plea to the jurisdiction asserting governmental immunity under the Texas Whistleblower Act.
- The trial court denied the plea; the court of appeals affirmed, limiting review to grounds raised in the trial court.
- The court of appeals acknowledged a split among courts of appeals regarding whether new challenges may be considered on appeal under section 51.014(a)(8).
- Fort Bend County Toll Road Authority v. Olivares and other authorities had recognized that new grounds could be considered on interlocutory appeal, creating a conflict with the Dallas court’s view.
- This Court previously resolved the conflict in Black, holding that section 51.014(a) does not preclude considering immunity grounds first asserted on interlocutory appeal and disallowing the Arancibia framework.
- The Texas Supreme Court granted review, reversed the court of appeals, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether immunity grounds may be raised for the first time on interlocutory appeal | Dallas County argues grounds may be raised despite not being raised below. | Logan contends only trial-ground grounds are reviewable under 51.014(a)(8). | Immunity grounds may be reviewed on interlocutory appeal. |
| Whether the court of appeals properly restricted review to trial-ground grounds | County seeks consideration of newly raised immunity grounds. | Court of appeals maintained jurisdiction limited to trial-ground grounds. | The appellate court must consider newly raised immunity grounds. |
| Relation to conflicting authorities and prior decisions | Conflict with Arancibia-based approach undermines the outcome. | Arancibia alignment should control appellate scope. | The Court resolves the conflict, aligning with Black and overruling Arancibia for this issue. |
Key Cases Cited
- Fort Bend Cnty. Toll Rd. Auth. v. Olivares, 316 S.W.3d 114 (Tex. App.—Houston [14th Dist.] 2010) (recognition of new grounds on interlocutory appeal in some courts)
- Rusk State Hosp. v. Black, 392 S.W.3d 88 (Tex. 2012) (conflicts-based jurisdiction to resolve division among courts of appeals)
- Estate of Arancibia v. Univ. of Tex. Sw. Med. Ctr. at Dallas, 244 S.W.3d 455 (Tex. App.—Dallas 2007) (court of appeals reviewed grounds not raised in trial court; later affirmed in part)
- Tex. Gov't Code § 22.001(a)(2), — (—) (jurisdiction to resolve conflicts among courts of appeals and supreme court)