Little v. Texas Board of Law Examiners, 2011 Tex. App. LEXIS 1760

Little, an out-of-state attorney, applied for admission to Texas Bar and TBLE found he lacked moral character due to IRS issues and disclosure failures.
TBLE issued a January 23, 2009 written decision denying admission, allowing curative measures but forbidding petition for redetermination before December 5, 2010.
Rule XV(k)(1) requires judicial review within 60 days after the decision is mailed; Little filed a county court action March 16, 2009, within 60 days but not in the district courts of Travis County as required.
TBLE filed a plea to the jurisdiction arguing lack of subject-matter jurisdiction because suit was not filed in the proper district court.
The county court granted the plea and transferred to district court; this Court later held the county court lacked authority to transfer and dismissed for want of jurisdiction.
Little filed the current district court action on January 4, 2010; TBLE again moved to dismiss, arguing the 60-day deadline is jurisdictional and not tolled; the trial court granted the plea to the jurisdiction and dismissed with prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Should procedural liberalism apply to TBLE appeals?	Little argues liberal rules should preserve his appeal rights.	TBLE argues liberal rule is inapplicable to administrative-review filings.	No; liberal appellate rules do not apply to this administrative-review context.
Is the 60-day deadline (Rule XV(k)(1)) for TBLE review jurisdictional and tolling inapplicable?	Little seeks tolling under 16.064 to extend the deadline.	TBLE contends 16.064 tolling does not apply to jurisdictional prerequisites.	The 60-day deadline is jurisdictional and tolling does not apply.

Harris County v. Sykes, 136 S.W.3d 635 (Tex. 2004) (plea to jurisdiction is reviewed de novo; jurisdictional prerequisites apply)
Westbrook v. Penley, 231 S.W.3d 389 (Tex. 2007) (de novo review of plea to jurisdiction; statutory prerequisites are jurisdictional)
City of DeSoto v. White, 288 S.W.3d 389 (Tex. 2009) (jurisdictional requirements deprive trial court of power to act)
Heart Hosp. IV, L.P. v. King, 116 S.W.3d 831 (Tex. App.—Austin 2003) (tolling 16.064 not applicable to jurisdictional prerequisites)
In re United Services Automobile Ass'n, 307 S.W.3d 299 (Tex. 2010) (statutory filing deadlines against governmental entities may be nonjurisdictional, but legislature may designate jurisdictional deadlines)
Warwick Towers Council of Co-Owners v. Park Warwick, L.P., 244 S.W.3d 838 (Tex. 2008) (liberal construction principles apply to appeals to reach merits; not broad to administrative-review)