# St. John Missionary Baptist Church v. Flakes

> Court of Appeals of Texas · March 29, 2018 · 547 S.W.3d 311

URL: https://www.frixlaw.com/law-library/cases/6108686

## Case

- **Full name:** ST. JOHN MISSIONARY BAPTIST CHURCH, Symphuel Anderson, Beverly Davis and Patricia Mays v. Merle FLAKES, Eloise Square, Mary Jo Evans, Annie Katherine White, Ella Mae Rollins, Eddie Abney, Gwedolyn Brown, Mark Horton, David Pailin, Sr., Dee Patterson and Penny White
- **Court:** Court of Appeals of Texas
- **Decided:** March 29, 2018
- **Citations:** 547 S.W.3d 311
- **Precedential status:** Published
- **Opinion:** Dissent by Boatright
- **Judges:** Boatright, Evans, Schenck
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6108686

## How later opinions describe it (automated extraction)

- 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

## Opinion text

The text of this opinion is not available in the library.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6108686. Public record. Not legal advice.