Opinion

St. John Missionary Baptist Church v. Flakes

  • 547 S.W.3d 311
Court
Court of Appeals of Texas
Filed
Mar 29, 2018
Status
Published
Author
Boatright
On the bench
Boatright, Evans, Schenck
Cited by
28 cases

holding that Texas Rule of Appellate Procedure 38.9(b) “does not allow this Court to sua sponte identify an issue not raised by a party and request additional briefing or reformulate an appellant’s argument into one not originally asserted”

How later courts described this case

  • holding that Texas Rule of Appellate Procedure 38.9(b) “does not allow this Court to sua sponte identify an issue not raised by a party and request additional briefing or reformulate an appellant’s argument into one not originally asserted”
  • discussing the authority of Rule 38.9(b) and the power of a court of appeals to request additional briefing to ensure a proper presentation of a case to facilitate a disposition on the merits
  • noting one issue supreme court has clearly and unequivocally directed appellate courts to consider sua sponte is subject-matter jurisdiction
  • reviewing challenge to order granting motion to dismiss and plea to jurisdiction

Written by the judges who cited it.

The opinion

This record has no opinion text. It is a disposition such as a denial of certiorari, kept so the case can be found by name and citation.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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