Violeta Paskauskiene v. Texas Department of Motor Vehicles
02-24-00516-CV
| Tex. App. | Aug 14, 2025Background
- Violeta Paskauskiene filed a pro se suit seeking a declaratory judgment that she owned a certain Mazda vehicle and initially named the Texas Department of Motor Vehicles (DMV) as the defendant.
- The DMV responded with a plea to the jurisdiction, asserting sovereign immunity and lack of a waiver thereof.
- Before a ruling on the jurisdictional plea, Paskauskiene amended her petition to remove the DMV as a defendant, effectively nonsuiting her claim against the agency.
- No defendants remained in the suit after the amended petition; dismissing the DMV ended any case or controversy.
- Despite the nonsuit, the trial court later granted the DMV’s plea to the jurisdiction and dismissed the suit on the substance of sovereign immunity grounds.
- Paskauskiene appealed the trial court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of Sovereign Immunity | Not seeking damages/liability; immunity inapplicable | No waiver of sovereign immunity pled | Moot; no jurisdiction after nonsuit |
| Effect of Nonsuit of DMV | DMV should not be a party; amended petition omitted DMV | No positions needed after nonsuit | Nonsuit rendered case moot; court lacked jurisdiction |
| Trial Court's Dismissal After Nonsuit | Dismissal without hearing was an abuse of discretion | Dismissal proper due to sovereign immunity | Dismissal was ministerial; merits not to be addressed |
| Appellate Jurisdiction After Nonsuit | Appeal should reinstate case | Case is moot due to nonsuit | Appeal is moot; judgment vacated |
Key Cases Cited
- Tex. Health & Hum. Servs. Comm’n v. Pope, 674 S.W.3d 273 (Tex. 2023) (State/agency immune from suit unless immunity expressly waived)
- Univ. of Tex. Med. Branch at Galveston v. Estate of Blackmon ex rel. Shultz, 195 S.W.3d 98 (Tex. 2006) (Nonsuit extinguishes case or controversy and eliminates jurisdiction)
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (Dismissal after nonsuit is ministerial)
- CTL/Thompson Tex., LLC v. Starwood Homeowner’s Ass’n, Inc., 390 S.W.3d 299 (Tex. 2013) (Jurisdictional plea does not survive nonsuit)
- Hous. Mun. Emps. Pension Sys. v. Ferrell, 248 S.W.3d 151 (Tex. 2007) (Nonsuit on appeal moots jurisdictional issues)