Texas Supreme Court

Randy Essenburg, John Mallios, Leona Stone, H. Averill Sweitzer and Walter Kowalski, Petitioners v. Dallas County…

September 24, 199841 Tex. Sup. Ct. J. 1399

Summary

The Texas Supreme Court held that section 81.041 of the Texas Local Government Code is a notice requirement, not a jurisdictional statute, and therefore its compliance cannot be raised for the first time on appeal. The Court reversed the Court of Appeals' dismissal for lack of subject‑matter jurisdiction and remanded for a merits determination.