Texas Supreme Court

Larry Roccaforte, Petitioner v. Jefferson County, Respondent

April 29, 201154 Tex. Sup. Ct. J. 900

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for further proceedings, holding that the post‑suit notice requirements of Tex. Local Gov’t Code § 89.0041 are not jurisdictional and that a suit should not be dismissed when the required officials receive timely notice, even if the notice is not served by certified or registered mail. The Court also held that the trial court’s final judgment entered while an interlocutory appeal was pending was merely voidable, not void, and that the interlocutory appeal was not moot. Justice WILLETT, concurring, agreed with the result but argued the reasoning should focus on the County’s waiver rather than the plaintiff’s substantial compliance.