A trial court implicitly denies a jurisdictional challenge by ruling on the merits of a claim without explicitly rejecting the jurisdictional attack.
A former jailer sued a sheriff's department for a declaratory judgment to enforce a civil service commission order regarding her reinstatement. The defendant challenged the trial court's subject matter jurisdiction via a motion for summary judgment. Although the trial court did not explicitly rule on the jurisdictional challenge, its ruling on the merits of the declaratory judgment claim constituted an implicit denial of the challenge. Because the commission holds exclusive jurisdiction over employment matters created by its own rules, the trial court lacked jurisdiction over the reinstatement claims because the plaintiff failed to exhaust administrative remedies regarding the department's physical testing requirements. A trial court may dismiss claims over which it lacks subject matter jurisdiction while retaining other claims in the same case.
At page 339 Interlocutory appeal from jurisdictional challenges irrespective of vehicle137 citing cases“the legislature provided for an interlocutory appeal when a trial court denies a governmental unit's challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.”
- San Benito Econ. Dev. Corp., Inc., Fred Sandoval, Mario Palomo, Ruben Cortez, Anna Garza Llanes, Daniel Cortez, Gabriel Herrera, Deborah A. Morales, Hector Gomez, Thomas W. Goodman, II, Ricardo Guerra, Pedro A. Galvan, & Joe E. Navarro v. Varco Real Est. San Benito, LLC, No. 13-25-00016-CV (May 21, 2026).published(The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- City of Olmos Park, Texas v. Brandon J. Grable, No. 08-24-00388-CV (Tex. App.—El Paso Dec. 12, 2025).published (The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- Neil George Switkowski v. Courtney Sinclair Archbold, No. 15-25-00155-CV (Tex. App.—15th Dist. Oct. 20, 2025).published (Whether a court has subject-matter jurisdiction is a question of law. When the trial court’s jurisdictional ruling is based on the pleadings, appellate review is de novo.)
- In Re Fort Bend Cnty. v. the State of Texas, No. 15-25-00102-CV (Tex. App.—15th Dist. July 24, 2025).published (The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- Webb Consol. Indep. Sch. Dist. v. Robert Marshall & Amy Marshall, 690 S.W.3d 698 (Tex. App.—San Antonio 2023).published(The [l]egislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- Texas Dep't of Transp. v. C-5 Holdings, LLC & Stone Oak Storage Partners, Ltd., No. 04-21-00292-CV (Tex. App.—San Antonio Oct. 18, 2023).published (The [l]egislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- City of Houston v. Houston Metro Sec. & James Fowler, No. 01-22-00532-CV, 2023 WL 2602520 (Tex. App.—Houston [1st Dist.] Mar. 23, 2023).published(To be entitled to an interlocutory appeal, section 51.014(a)(8) requires the denial of a jurisdictional challenge.)
- City of Houston, Texas v. Isabel Mejia & Rosa Mejia, No. 14-22-00447-CV (Tex. App.—Houston [14th Dist.] Feb. 16, 2023).published(The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- Texas Dep't of Transp. v. C-5 Holdings, LLC & Stone Oak Storage Partners, Ltd., No. 04-21-00292-CV (Tex. App.—San Antonio May 25, 2022).published(The [l]egislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- Rebecca Amador v. the City of Irving, Texas, No. 05-19-00278-CV, 2020 WL 1316921 (Tex. App.—Dallas Mar. 20, 2020).published More recently, the Texas Supreme Court held that “[a] trial court is not required to deny an otherwise meritorious plea to the jurisdiction . . . based on a jurisdictional challenge concerning some claims because the trial court has jurisd…
Show 119 more citing cases
- City of Arlington v. Betty Warner, No. 02-18-00427-CV (Tex. App.—Fort Worth June 20, 2019).published(The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.)
- William E. Johnson v. State of Texas, Texas Dep't of Crim. Just., No. 01-18-00068-CV (Tex. App.—Houston [1st Dist.] Nov. 20, 2018).published(To be entitled to an interlocutory appeal, section 51.014(a)(8) requires the [grant or] denial of a jurisdictional challenge.)
- Parkwood 121 Vill., LP v. Collin Cent. Appraisal Dist., No. 05-23-00270-CV (Tex. App.—Dallas Feb. 23, 2024).published“because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implicit…”
- In Re Gordon Indep. Sch. Dist., Bryson Oliver, Allan Ladd, Holly Campbell, Mike Reed, Shelle Crenshaw, & Katie Elrod v. the State of Texas, No. 11-22-00324-CV (Tex. App.—Eastland Mar. 2, 2023).published “because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implicit…”
- Texas Mun. League Intergovernmental Risk Pool v. City of Hidalgo, 601 S.W.3d 72 (Tex. App.—Corpus Christi–Edinburg 2020).published“because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implicit…”
- Texas Mun. League Intergovernmental Risk Pool v. City of Hidalgo, No. 13-19-00096-CV (Tex. App.—Corpus Christi–Edinburg Jan. 9, 2020).published“because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implicit…”
- Dr. Behzad Nazari, D.D.S. D/B/A Antoine Dental Ctr. Dr. Behzad Nazari Harlingen Fam. Dentistry, P.C. A/K/A Practical Bus. Solutions, Series LLC Juan D. Villarreal D.D.S., Series PLLC D/B/A Harlingen Fam. Dentistry Grp. v. State, No. 03-15-00252-CV (Tex. App.—Austin Dec. 14, 2015).published Indeed, Xerox has agreed that “the premise underlying the trial court’s rulings in both proceedings is consistent.” Xerox Br. 7; accord id. (“The order in this suit made plain that the trial court’s rationale is consistent with the rulings…
- the Univ. of Texas Med. Branch at Galveston v. Carolyn Callas, Ray Callas & Jamie Callas, Individually & as the Representatives of the Est. of Gerald Callas & for & on Behalf of Any Wrongful Death Beneficiaries, No. 14-15-00449-CV (Tex. App.—Houston [14th Dist.] Oct. 26, 2015).published (We have jurisdiction over this interlocutory appeal because there is a conflict among the courts of appeals on whether a governmental unit's challenge to subject matter jurisdiction is appealable if raised in a motion…)
- Texas Ass'n of Sch. Boards Risk Mgmt. Fund v. Sw. Texas Junior Coll., No. 15-25-00115-CV (July 2, 2026).published(The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.” (citing Tex. Civ. Prac. & Rem…)
- Texas Right to Life & John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health Servs.; Planned Parenthood South Texas Surgical Ctr.; Planned Parenthood Ctr. for Choice; Bhavik Kumar, M.D; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Ctr.; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; & Jane Doe, No. 03-21-00650-CV (Jan. 16, 2026).published(treating summary-judgment motion as plea to the jurisdiction for purposes of appellate jurisdiction)
- Brian Beckcom v. Texas A&M Univ., No. 15-25-00124-CV (Tex. App.—15th Dist. Nov. 17, 2025).published(the trial court’s rulings on the merits constituted an implicit rejection of a challenge to the trial court’s subject-matter jurisdiction)
- Ken Paxton, in His Off. Capacity as Texas Attorney Gen. v. Powered by People, No. 15-25-00141-CV (Tex. App.—15th Dist. Nov. 3, 2025).published “The Texas Rules of Appellate Procedure only require that the record show the trial court ruled on the request, objection, or motion, either expressly or implicitly”
- Ken Paxton, in His Off. Capacity as Texas Attorney Gen. v. Powered by People, No. 15-25-00141-CV (Tex. App.—15th Dist. Oct. 14, 2025).publishedThomas v. Long, 207 S.W.3d 334, 339 (Tex. 2006).
- Ken Paxton, in His Off. Capacity as Texas Attorney Gen. v. Powered by People, No. 15-25-00141-CV (Tex. App.—15th Dist. Sept. 24, 2025).published That is, because a trial court “may not move to the merits if even one jurisdictional argument remains unresolved,” Rattray, 662 S.W.3d at 869, a court that issues a written ruling on the merits and then orders merits discovery without res…
- Courtenay Paris, in Her Pers. Capacity, & in Her Off. Capacity as Chairperson on Behalf of Decriminalize Elgin, a Nonprofit, Unincorporated Political Action Comm. v. the State of Texas; City of Elgin; Theresa Y. McShan, Mayor of Elgin; Sue Brashar, Mayor Pro Tem of Elgin; Joy Casnovsky, Arthur Gibson III, Yalecia Love, Chuck Swain, Matthew Callahan, Al Rodriguez, & Forest Lee Dennis, Members of the City Council of Elgin; Thomas Mattis, City Manager of Elgin; & Chris Noble, Chief of Police of Elgin; In Their Off. Capacities, No. 15-24-00082-CV (Tex. App.—15th Dist. Sept. 16, 2025).publishedThis applies no less to intervention appeals—“the prospective intervenor must establish its standing to present its argument on appeal.” State v. Naylor, 466 S.W.3d 783, 791 (Tex. 2015).20 Although an intervenor certainly has standing to a…
- The Univ. of Texas Rio Grande Valley v. Rita Oteka, 715 S.W.3d 734 (Tex. 2025).published(noting that when a court reaches the merits of a case, it has implicitly concluded that it has subject-matter jurisdiction and is denying jurisdictional challenges)
- Univ. of Texas at Arlington v. James McMerchant, No. 15-25-00038-CV (Tex. App.—15th Dist. May 27, 2025).publishedLazarides v. Farris, 367 S.W.3d 788 , 797 6 (Tex.App.—Houston [14th Dist.] 2012, no pet.); Thomas v. Long, 207 S.W.3d 334, 339-40 (Tex. 2006).
- Tarleton State Univ. v. Found. for Individual Rights & Expression, No. 15-24-00057-CV (Tex. App.—15th Dist. Feb. 3, 2025).published(treating a summary-judgment motion as a plea to the jurisdiction for purposes of appellate jurisdiction)
- The City of Austin v. Noel Powell, 704 S.W.3d 437 (Tex. 2024).published(treating a summary-judgment motion as a plea to the jurisdiction for purposes of appellate jurisdiction)
- GAR Assocs. III, L.P. v. State, Texas Dep't of Transp., 224 S.W.3d 395 (Tex. App.—Houston [1st Dist.] 2006).published
- Univ. of Texas M.D. Anderson Cancer Ctr. v. King, 329 S.W.3d 876 (Tex. App. 2011).published
- Texas Dep't of Transp. v. Larry Hathorn, Individually & as Rep. of the Est. of Debra Picha, No. 03-11-00011-CV, 2012 WL 2989235 (Tex. App.—Austin July 19, 2012).published
- Univ. of Texas M.D. Anderson Cancer Ctr. v. Vicki M. King, No. 14-10-00282-CV (Tex. App.—Houston [14th Dist.] Dec. 7, 2010).published
- City of Justin, Texas v. Rimrock Enter., Inc., 466 S.W.3d 269 (Tex. App.—Fort Worth 2015).published
- Univ. of Texas at Brownsville v. Jesus Ramos, No. 13-11-00302-CV (Tex. App.—Corpus Christi Jan. 26, 2012).published
- Claudio Fernandez, in His Individual Capacity, as Well as His Off. Capacity as League Dir. for the El Paso Cnty. Sportspark Youth Prog. & Rey Chavez, in His Off. Capacity as El Paso Cnty. Ascarate Dir. v. Griselda Pimentel, as Next Friend of Her Minor Child Brandon Pimentel Claudia Lopez, as Next Friend of Her Minor Child Raul Lopez, Jr. Ibett Arpero as Next Friend of Her Minor Child Adrian Arpero, No. 08-11-00148-CV (Tex. App.—El Paso Jan. 11, 2012).published
- Fernandez v. Pimentel ex rel. Pimentel, 360 S.W.3d 643 (Tex. App.—El Paso 2012).published
- Bowden v. Phillips Petroleum Co., 247 S.W.3d 690 (Tex. 2008).published
- Benson Chevrolet, Inc. v. Bexar Appraisal Dist., 242 S.W.3d 54 (Tex. App.—San Antonio 2007).published
- Texas Dep't of Aging & Disability Servs. v. Sierra Home Care, L.L.C., 235 S.W.3d 835 (Tex. App.—El Paso 2007).published
- City of Austin v. Leggett, 257 S.W.3d 456 (Tex. App.—Austin 2008).published
- Mims v. Stewart Title Guar. Co., 521 F. Supp. 2d 568 (N.D. Tex. 2007).published
- State v. Langley, 232 S.W.3d 363 (Tex. App.—Tyler 2007).published
- Hicks v. Pilgrim Poultry, G.P., 299 S.W.3d 249 (Tex. App.—Texarkana 2009).published
- Texas Parks & Wildlife Dep't v. Garland, 313 S.W.3d 920 (Tex. App.—Tyler 2010).published
- Harris Cnty. Flood Control Dist. v. Great Am. Ins. Co., 309 S.W.3d 614 (Tex. App.—Houston [14th Dist.] 2010).published
- City of Houston v. Est. of Jones, 321 S.W.3d 668 (Tex. App.—Houston [14th Dist.] 2010).published
- Bartosh v. Sam Houston State Univ., 259 S.W.3d 317 (Tex. App.—Texarkana 2008).published
- Town of Flower Mound v. Mockingbird Pipeline, L.P., 353 S.W.3d 230 (Tex. App.—Fort Worth 2011).published
- City of Houston v. Robert A. Smith, No. 01-14-00789-CV (Tex. App.—Houston [1st Dist.] Aug. 25, 2015).published
- Narcisco Sanchez v. Lisa Davenport, No. 01-06-00160-CV (Tex. App.—Houston [1st Dist.] Oct. 11, 2007).published
- City of Austin, Texas v. Trudy Leggett, Individually & as Heir of Nathan Leggett, No. 03-07-00345-CV (Tex. App.—Austin June 12, 2008).published
- in Re: Allan Haggerty, No. 06-07-00014-CV (Tex. App.—Texarkana Feb. 9, 2007).published
- Texas Dep't of Transp. v. Yolanda Guidry, as Sole Heir & Rep. of the Est. of Tempist Bazile, & Heir & Next Friend of the Est. of the Unborn Child of Tempist Bazile & Milton Lewis, No. 09-06-00419-CV (Tex. App.—Beaumont May 24, 2007).published
- City of Tyler & Texas Dep't of Transp. v. Valerie Smith & Robert Smith, No. 12-08-00159-CV (Tex. App.—Tyler Dec. 14, 2009).published
- Brown v. Green, 302 S.W.3d 1 (Tex. App.—Houston [14th Dist.] 2009).published
- Pac. Employers Ins. Co. v. Twelve Oaks Med. Ctr., No. 03-08-00059-CV, 2010 WL 1511753 (Tex. App.—Austin Apr. 16, 2010).published
- La Tierra De Simmons Familia, Ltd., Individually & as Assignee of Modelle Brasher Ballard, Robert Gerald Ballard, John Richard Ballard, & Charles Warren Ballard v. Main Event Ent., LP M.E.E.P. Mgmt., LLC Stonecrest Investments, LLC Stonecrest Servs., Ltd. SCMR Anderson Arbor Phase III Gen. P'ship Consort Environments, Inc. H & S Horizons, LLC & Spirit Portfolio 2005-4, LP, No. 03-10-00503-CV, 2012 WL 753184 (Tex. App.—Austin Mar. 9, 2012).published
- Frank & Shelley Thornton v. Ne. Harris Cnty. MUD 1, 447 S.W.3d 23 (Tex. App.—Houston [14th Dist.] 2014).published
- Montrose Mgmt. Dist. v. 1620 Hawthorne, Ltd., 435 S.W.3d 393 (Tex. App.—Houston [14th Dist.] 2014).published
- Coll. of the Mainland v. Bruce Glover, 436 S.W.3d 384 (Tex. App.—Houston [14th Dist.] 2014).published
- Kevin Ellis v. Reliant Energy Retail Servs., LLC, 418 S.W.3d 235 (Tex. App.—Houston [14th Dist.] 2013).published
- Harris Cnty. Fresh Water Supply Dist. No. 61 v. FWO Dev., Ltd., 396 S.W.3d 639 (Tex. App.—Houston [14th Dist.] 2013).published
- Ted Lazarides, in His Off. Capacity v. Grady Farris, 367 S.W.3d 788 (Tex. App.—Houston [14th Dist.] 2012).published
- Harris Cnty. Flood Control Dist. v. Great Am. Ins. Compamy, No. 14-09-00571-CV (Tex. App.—Houston [14th Dist.] Feb. 25, 2010).published
- the City of Houston v. the Est. of Kenneth Samuel Jones, 388 S.W.3d 663 (Tex. 2012).published
- Troy W. Simmons, D.D.S., P.C. & Troy W. Simmons, D.D.S. v. Texas Health & Human Servs. Comm'n, No. 12-14-00256-CV (Tex. App.—Tyler Feb. 27, 2015).published
- Darlene Fike as Next Friend of Hunter E. Bodine, a Minor Child v. Travis Miller, 437 S.W.3d 640 (Tex. App.—Tyler 2014).published
- Texas Dep't of Transp. v. Tina Cash, No. 09-12-00463-CV (Tex. App.—Beaumont Apr. 18, 2013).published
- Texas Dep't of State Health Servs. v. Amy W. Rockwood, 468 S.W.3d 147 (Tex. App.—San Antonio 2015).published
- Cameron Cnty. v. Susan Ann Vano, No. 13-13-00114-CV (Tex. App.—Corpus Christi May 15, 2014).published
- Waller Cnty., Texas, Cnty. Judge Glenn Beckendorff, Comm'r Frank Pokluda, Comm'r Stan Kitzman, Comm'n Jeron Barnett, & Comm'r John Amsler, in Their Off. Capacities as the Waller Cnty. Commissioners Court v. City of Hempstead, TexasCitizens Against the Landfill in Hempstead, No. 01-14-00946-CV (Tex. App.—Houston [1st Dist.] Nov. 26, 2014).published
- in the Matter of C.H., a Minor Child, 412 S.W.3d 67 (Tex. App.—Fort Worth 2013).published
- City of Houston v. Downstream Env't, L.L.C., 444 S.W.3d 24 (Tex. App.—Houston [1st Dist.] 2014).published
- the City of Houston v. Atser, L.P., 403 S.W.3d 354 (Tex. App.—Houston [1st Dist.] 2013).published
- Town of Flower Mound, Texas v. Mockingbird Pipeline, L.P., No. 02-10-00069-CV (Tex. App.—Fort Worth Oct. 13, 2011).published
- Spring Branch Mgmt. Dist. v. Valco Instruments Co., L.P. & Prop. Redevelopment IV, L.P., No. 01-11-00164-CV (Tex. App.—Houston [1st Dist.] July 12, 2012).published
- the City of Houston v. Atser, L.P., No. 01-10-00240-CV (Tex. App.—Houston [1st Dist.] Apr. 5, 2012).published
- Rufus F. Banks v. Texas Dep't of Crim. Just., No. 01-10-00164-CV (Tex. App.—Houston [1st Dist.] Mar. 8, 2012).published
- City of Deer Park v. Jose Ibarra, Emilio Vargas Mario Torres Jose Lemus Roberto Delgado Santiago Bravo Carlos Vasquez Hugo Martinez Saul Balseca Vicente Martinez & Luis Ibarra, No. 01-10-00490-CV, 2011 WL 3820798 (Tex. App.—Houston [1st Dist.] Aug. 25, 2011).published
- City of Baytown, Scott Williams & Ron Bottoms v. APTBP, LLC D/B/A Bay Pointe Apts. & Gatesco, Inc., No. 01-15-01039-CV (Tex. App.—Houston [1st Dist.] Mar. 15, 2016).published
- Harpinder Singh, Jagjit S. Gill, & Baldev Singh v. Gurnam Singh Sandhar, Inqlabi Thandi, Daljit Singh, Baljinder Singh Bhatti, Sodagar Singh Virk, & Baljinder Singh, 495 S.W.3d 482 (Tex. App.—Houston [14th Dist.] 2016).published
- Beaumont Indep. Sch. Dist. v. Shaunte Guillory, No. 09-15-00531-CV (Tex. App.—Beaumont May 12, 2016).published
- Charles J. Hughes v. Tom Green Cnty., No. 03-16-00132-CV (Tex. App.—Austin June 17, 2016).published
- Am. Idol, Gen., LP D/B/A the REO, & Randy Hanson A/K/A Randall Hanson v. Pither Plumbing Co., Inc., No. 12-14-00134-CV (Tex. App.—Tyler Apr. 9, 2015).published
- Glenn Beckendorff, in His Off. Capacity as Waller Cnty. Judge, Frank Pokluda, in His Off. Capacity as Waller Cnty. Precinct Two Comm'r, & Stan Kitzman, in His Off. Capacity as Waller Cnty. Precinct Four Comm'r v. City of Hempstead, Texas, Citizens Against the Landfill in Hempstead, Pintail Landfill, LLC, & Waller Cnty., Texas, No. 01-15-00523-CV (Tex. App.—Houston [1st Dist.] June 3, 2015).published
- in Re: Texas Dep't of Transp., 510 S.W.3d 701 (Tex. App.—El Paso 2016).published
- West Travis Cnty. Pub. Util. Agency, on Behalf of Itself & Its Directors, Larry Fox, Michael Murphy, Ray Whisenant, Bill Goodwin, & Scott Roberts, in Their Off. Capacities v. CCNG Dev. Co., L.P., 514 S.W.3d 770 (Tex. App.—Austin 2017).published
- Glenn Herbert Johnson v. Harris Cnty., No. 01-15-01064-CV (Tex. App.—Houston [1st Dist.] Feb. 9, 2017).published
- City of Dallas, Mike Rawlings, Scott Griggs, Adam Medrano, Casey Thomas II, Carolyn King Arnold, Rickey D. Callahan, Monica R. Alonzo, Tiffinni A. Young, Erik Wilson, Mark Clayton, B. Adam McGough, Lee Kleinman, Sandy Greyson, Jennifer S. Gates v. David S. Martin, James A. Braddock, Obie Cartmill, Robert Dale Martin, O.J. Adair, George G. Parker, Joe M. Gunn, Stephen W. Toth, Nathan Trammel, Todd A. Stratman, & Dallas Police & Fire Pension Sys., No. 05-16-01227-CV (Tex. App.—Dallas July 20, 2017).published
- Alamo Cmty. Coll. Dist. D/B/A Alamo Colleges v. Douglas Ryan, No. 04-17-00196-CV (Tex. App.—San Antonio Nov. 1, 2017).published
- Kenneth E. Castle v. City of Victoria, Texas, No. 13-17-00013-CV (Tex. App.—Corpus Christi Apr. 12, 2018).published
- Jason Roche v. the City of Austin, No. 03-17-00727-CV (Tex. App.—Austin Aug. 21, 2018).published
- Human Servs. of Se. Texas, Inc. v. Cassandra Goffney, No. 09-18-00044-CV (Tex. App.—Beaumont Sept. 27, 2018).published
- M.E.N. Water Supply Corp., Angus Water Supply Corp., Chatfield Water Supply Corp., Corbet Water Supply Corp., City of Frost, City of Kerens, & Cmty. Water Co. v. City of Corsicana, Texas, 564 S.W.3d 474 (Tex. App.—Waco 2018).published
- Tri-Stem, Ltd v. the City of Houston, 566 S.W.3d 789 (Tex. App.—Houston [14th Dist.] 2018).published
- R & W Excavating, Inc., a Utah Corp. & Willie Jessop v. Kent Richardson, Assistant Attorney Gen. & Allison Palmer, Dist. Attorney for Schleicher Cnty., Texas, No. 13-17-00036-CV (Tex. App.—Corpus Christi Dec. 13, 2018).published
- Gracie Nguyen Patrick Sanchez Tamara & Derrick O'Neal, Individually & as Representatives of the Est. of De' Andre Tatum, Erica D. Hall Curtisha Davis Arthur Zamarripa, as Next Friend of A.Z. & William Josma v. SXSW Holdings, Inc. SXSW LLC Patrick Lowe Transp. Design Consultants & City of Austin, No. 14-17-00575-CV (Tex. App.—Houston [14th Dist.] July 18, 2019).published
- the City of Houston v. Texas Propane Gas Ass'n, No. 03-18-00596-CV (Tex. App.—Austin July 18, 2019).published
- City of Brownsville, Texas, Tony Martinez, Rose Z. Gowen, Ricardo Longoria Jr., Joel Munguia, Ben Neece, & Jessica Tetreau in Their Off. Capacities Only v. Brownsville GMS, Ltd. & Michael Bennett, No. 13-19-00467-CV (Tex. App.—Corpus Christi–Edinburg Sept. 27, 2019).published
- City of Elsa, Texas v. Jesse Diaz, No. 13-19-00109-CV (Tex. App.—Corpus Christi–Edinburg Apr. 2, 2020).published
- Texas Propane Gas Ass'n v. the City of Houston, 622 S.W.3d 791 (Tex. 2021).published
- Five Corners Improvement Dist. v. JKO Enter., LLC, No. 14-20-00116-CV (Tex. App.—Houston [14th Dist.] May 4, 2021).published
- Town of Highland Park v. Tiffany Renee McCullers, Individually & for the Benefit of Calvin Marcus McCullers & Calvin Bennett McCullers & ANF of C.J., Minor, & Sonya Hoskins, 646 S.W.3d 578 (Tex. App.—Dallas 2021).published
- Garcia v. Kubosh, 377 S.W.3d 89 (Tex. App.—Houston [1st Dist.] 2012).published
- Waller Cnty. v. City of Hempstead, 453 S.W.3d 73 (Tex. App.—Houston [1st Dist.] 2014).published
- Sintim v. Larson, 489 S.W.3d 551 (Tex. App.—Houston [14th Dist.] 2016).published
- Heritage Operating, L.P. v. Barbers Hill Indep. Sch. Dist., 496 S.W.3d 318 (Tex. App.—Houston [14th Dist.] 2016).published
- Nazari v. State, 497 S.W.3d 169 (Tex. App.—Austin 2016).published
- City of Rio Grande City v. BFI Waste Servs. of Texas, LP, 511 S.W.3d 300 (Tex. App.—San Antonio 2016).published
- Bass v. Waller Cnty. Sub-Reg'l Plan. Comm'n, 514 S.W.3d 908 (Tex. App.—Austin 2017).published
- City of El Paso v. Viel, 523 S.W.3d 876 (Tex. App.—El Paso 2017).published
- City of Magnolia v. Smedley, 533 S.W.3d 1 (Tex. App.—Beaumont 2016).published
- City of Magnolia 4A Econ. Dev. Corp. v. Smedley, 533 S.W.3d 297 (Tex. 2017).published
- Texas Dep't of Pub. Saf. & Steven McCraw in His Off. Capacity as Dir. of the Texas Dep't of Pub. Saf. v. Maria Luisa Mejia Sunuc, Individually & on Behalf of the Est. of Marcos Antonio Castro Estrada, & as Next Friend to L.M. & H.M., Minors, No. 13-19-00443-CV (Tex. App.—Corpus Christi–Edinburg Feb. 3, 2022).published
- City of Cleveland, Texas v. MacIe Martin Lafrance & Penny Martin, No. 09-20-00189-CV (Tex. App.—Beaumont June 9, 2022).published
- the Port of Houston Auth. v. Abran Morales, No. 14-21-00052-CV (Tex. App.—Houston [14th Dist.] Sept. 8, 2022).published
- the State of Texas v. Ximena Lopez, M.D. & Child.'s Med. Ctr. at Dallas, No. 05-22-00588-CV (Tex. App.—Dallas Sept. 23, 2022).published
- Ector Cnty. & Ector Cnty. Sheriff's Off. v. Henry Grace, 661 S.W.3d 659 (Tex. App.—El Paso 2023).published
- Harris Cnty. v. Blasa Lopez, 665 S.W.3d 874 (Tex. App.—Houston [14th Dist.] 2023).published
- Michael Lewis & Michelle Shumate v. Michael Poray & Paige Poray A/N/F M.P., a Minor Child, No. 05-23-00617-CV (Tex. App.—Dallas Nov. 13, 2023).published
- City of Houston v. Brenda Garcia Cruz, No. 01-22-00647-CV, 2023 WL 8938408 (Tex. App.—Houston [1st Dist.] Dec. 28, 2023).published
- The City of Castle Hills v. Jenifer-Ashley Andrea Robinson, No. 04-22-00551-CV (Tex. App.—San Antonio Feb. 28, 2024).published
- The City of Castle Hills v. Jenifer-Ashley Andrea Robinson, No. 04-22-00551-CV (Tex. App.—San Antonio June 26, 2024).published
- Rusk State Hosp. & Texas Health & Human Servs. Comm'n v. David McGowan, No. 12-24-00295-CV (Tex. App.—Tyler Oct. 31, 2024).published
- Texas Right to Life & John Seago v. Allison Van Stean; Planned Parenthood of Greater Texas Surgical Health; Planned Parenthood South Texas Surgical Ctr.; Planned Parenthood Ctr. for Choice; Bhavik Kumar, M.D.; North Texas Equal Access Fund; Lilith Fund for Reproductive Equity, Inc.; the Afiya Ctr.; Fund Texas Choice; West Fund; Frontera Fund; Clinic Access Support Network; The Bridge Collective; Monica Faulkner; Michelle Tuegel; Ghazaleh Moayedi, D.O.; & Jane Doe, 702 S.W.3d 348 (Tex. 2024).published
- Kinney Cnty. Groundwater Conservation Dist. v. Boulware, 238 S.W.3d 452 (Tex. App.—San Antonio 2007).published
- Gar Assocs., III, L.P. v. State of Texas, Acting by & Through the Texas Dep't of Transp., No. 01-05-00886-CV (Tex. App.—Houston [1st Dist.] Nov. 2, 2006).published
- Texas Dep't of Transp. v. Blanca Toledo & Khaloud Mirza, No. 05-22-00498-CV (Tex. App.—Dallas June 5, 2023).published
At page 340 Determining subject matter jurisdiction and exhaustion of administrative remedies88 citing casesholding failure to exhaust administrative remedies deprives trial court of subject-matter jurisdiction
- Charette, Ex Parte Robbie Gail v. The State of Texas, 721 S.W.3d 411 (Tex. Crim. App. 2025).published Id. at 342 (“We hold that once the employees of a department elect to create a commission, and the commission’s rules create rights employees would not have at common law, the commission obtains exclusive jurisdiction over those matters.”).
- B&T Dependable Servs., LLC & Bernell Gardener v. Edward Santos, No. 04-24-00521-CV (Tex. App.—San Antonio Aug. 13, 2025).published(If an administrative body has exclusive jurisdiction, a party must exhaust all administrative remedies before seeking judicial review of the decision.)
- In Re Fort Bend Cnty. v. the State of Texas, No. 15-25-00102-CV (Tex. App.—15th Dist. July 24, 2025).published Sys. v. Koseoglu, 233 S.W.3d 835, 846 (Tex. 2007) (government entity or official has right to immediate interlocutory appeal of denial of plea to the jurisdiction); Thomas v. Long, 207 S.W.3d 334, 339 (Tex. 2006) (“The Legislature provided…
- Charette, Ex Parte Robbie Gail v. The State of Texas, No. PD-0524-21 (Tex. Crim. App. Sept. 11, 2024).published Id. at 342 (“We hold that once the employees of a department elect to create a commission, and the commission’s rules create rights employees would not have at common law, the commission obtains exclusive jurisdiction over those matters.”).
- Tyvon C. Smith & Tamara J. Smith v. Yellowfin Loan Servicing Corp., as Successor in Interest to Hometrust Mortg. Co., No. 05-21-00306-CV (Tex. App.—Dallas Mar. 22, 2023).published(Because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implici…)
- Ken Paxton, Attorney Gen. of Texas v. the City of Austin & Austin Transit P'ship Local Gov't Corp., No. 24-1078, 2026 WL 1445577 (Tex. May 22, 2026).publishedThis Court held that “[b]y ruling on the merits . . . the trial court necessarily denied [the] challenge to the court’s jurisdiction.” Id. at 340 (emphasis added).
- Christopher Mulgrew v. Spectraseis, Inc., 436 S.W.3d 798 (Tex. App.—Houston [14th Dist.] 2014).published
- Harris Cnty. Fresh Water Supply Dist. No. 61 v. FWO Dev., Ltd., 396 S.W.3d 639 (Tex. App.—Houston [14th Dist.] 2013).published
- Cnty. of Dallas v. Wiland, 216 S.W.3d 344 (Tex. 2007).published
- Saleh W. Igal v. Brightstar Info. Tech. Grp., Inc. & Brba, Inc., No. 04-0931, 2007 WL 4276545 (Tex. Dec. 7, 2007).published
Show 61 more citing cases
- Employees Ret. Sys. of Texas v. Duenez, 288 S.W.3d 905 (Tex. 2009).published
- Gates v. Texas Dep't of Fam. & Prot. Servs., 252 S.W.3d 90 (Tex. App.—Austin 2008).published
- Hancock v. Chicago Title Ins., 635 F. Supp. 2d 539 (N.D. Tex. 2009).published
- Marble Falls Indep. Sch. Dist. v. Scott, 275 S.W.3d 558 (Tex. App.—Austin 2008).published
- Apollo Enter., Inc. v. Scripnet, Inc., 301 S.W.3d 848 (Tex. App.—Austin 2009).published
- Texas Logos, L.P. v. Brinkmeyer, 254 S.W.3d 644 (Tex. App.—Austin 2008).published
- Healthsouth Med. Ctr. v. Employers Ins. Co., 232 S.W.3d 828 (Tex. App.—Dallas 2007).published
- City of Round Rock v. Whiteaker, 241 S.W.3d 609 (Tex. App.—Austin 2007).published
- Chapman v. Commonwealth Land Title Ins., 814 F. Supp. 2d 716 (N.D. Tex. 2011).published
- Texas Dep't of Ins. v. Reconveyance Servs., Inc., 240 S.W.3d 418 (Tex. App.—Austin 2007).published
- Texas Court Reporters Certification Bd. v. Esquire Deposition Servs., L.L.C., 240 S.W.3d 79 (Tex. App.—Austin 2007).published
- In Re Marriage of JB & HB, 326 S.W.3d 654 (Tex. App.—Dallas 2010).published
- Igal v. Brightstar Info. Tech. Grp., Inc., 250 S.W.3d 78 (Tex. 2008).published
- Harrison v. Neeley, 229 S.W.3d 745 (Tex. App.—San Antonio 2007).published
- Aguilar v. Frias, 366 S.W.3d 271 (Tex. App.—El Paso 2012).published
- Andrew Whallon, Dahlia Garcia & Richard Grayshaw v. City of Houston, 462 S.W.3d 146 (Tex. App.—Houston [1st Dist.] 2015).published
- City of Lorena, Texas v. Bmtp Holdings, L.P., 409 S.W.3d 634 (Tex. 2013).published
- Michael Scott v. Officer Joe Mireles, in His Pers. Capacity, No. 01-09-00490-CV (Tex. App.—Houston [1st Dist.] Dec. 2, 2010).published
- City of Round Rock & Round Rock Fire Chief Larry Hodge v. Mark Whiteaker, No. 03-07-00009-CV (Tex. App.—Austin Nov. 16, 2007).published
- City of Round Rock & Round Rock Fire Chief Larry Hodge v. Mark Whiteaker, No. 03-07-00009-CV (Tex. App.—Austin Sept. 14, 2007).published
- Texas Court Reporters Certification Bd. & Michele Henricks, as Dir. of the Court Reporters Certification Bd. v. Esquire Deposition Servs., L.L.C., No. 03-06-00002-CV (Tex. App.—Austin July 20, 2007).published
- Antonio Campos v. State, No. 03-05-00728-CR (Tex. App.—Austin July 20, 2007).published
- Martin Doane v. Thomas F. Cooke, No. 03-06-00414-CV (Tex. App.—Austin Nov. 14, 2008).published
- Marble Falls Indep. Sch. Dist. v. Robert Scott, Comm'r of Educ. of the State of Texas Thornton Keel Donna Keel Michael Hellrung Donna Hellrung William Paschall David Womack Natalie Kloss Darryl Hubbell & Amy Hubbell, No. 03-07-00576-CV (Tex. App.—Austin Nov. 14, 2008).published
- Texas Bd. of Law Examiners v. Donald Little, No. 03-09-00342-CV (Tex. App.—Austin Dec. 31, 2009).published
- George Lueck v. State of Texas & Texas Dep't of Transp., No. 03-07-00497-CV (Tex. App.—Austin Nov. 13, 2009).published
- in the Matter of the Marriage of Angelica Maria Reyes & Gerardo Reyes & in the Interest of Iris Noelia Reyes, a Minor Child, No. 06-02-00100-CV (Tex. App.—Texarkana Nov. 20, 2002).unpublished
- Greg Abbott, Attorney Gen. of the State of Texas v. Bill M. Rankin, No. 06-07-00149-CV, 2008 WL 5156453 (Tex. App.—Texarkana Dec. 10, 2008).published
- George Lueck v. State of Texas & Texas Dep't of Transp., No. 03-07-00497-CV (Tex. App.—Austin July 16, 2010).published
- Vista Med. Ctr. Hosp. v. Texas Mut. Ins. Co., 416 S.W.3d 11 (Tex. App.—Austin 2013).published
- Vista Med. Ctr. Hosp. v. Texas Mut. Ins. Co., No. 03-11-00746-CV (Tex. App.—Austin June 6, 2013).published
- Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Serv. Dir. Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb & Stephen Edmonds, in Their Capacity as Members of Austin Firefighters, No. 03-11-00594-CV (Tex. App.—Austin Dec. 23, 2014).published
- Keith Russell Judd v. Karen Y. Corey-Steele, No. 11-14-00049-CV (Tex. App.—Eastland Apr. 16, 2015).published
- in Re Rebecca Gallardo, No. 13-14-00203-CV, 2015 WL 730920 (Tex. App.—Corpus Christi Feb. 19, 2015).published
- Cross Roads Indep. Sch. Dist. v. Kathy Carnes, No. 12-13-00069-CV (Tex. App.—Tyler June 25, 2013).published
- Davison, Karen v. Plano Indep. Sch. Dist., No. 05-12-01308-CV, 2014 WL 1018212 (Tex. App.—Dallas Feb. 20, 2014).published
- Aaron S. Holmes, Dallas Spine Care P A v. Zurich Am. Ins. Co., 421 S.W.3d 766 (Tex. App.—Dallas 2014).published
- Charles Osborn, M.D., D.C., D/B/A Quest Health & Rehab. v. Ace Am. Ins. Co., No. 10-09-00046-CV (Tex. App.—Waco Sept. 14, 2011).published
- in Re Mid-Century Ins. Co. of Texas, 426 S.W.3d 169 (Tex. App.—Houston [1st Dist.] 2012).published
- the City of San Antonio, Texas v. the Rogers Shavano Ranch, Ltd., Rogers 1604 Com., Ltd., Bitterblue, Inc., & Denton Dev. Corp., 383 S.W.3d 234 (Tex. App.—San Antonio 2012).published
- Patterson, John Wesley, No. PD-1521-14 (Tex. Crim. App. Jan. 23, 2015).unpublished
- Patterson, John Wesley, No. PD-1522-14 (Tex. Crim. App. Jan. 23, 2015).unpublished
- Jose A. Perez v. Texas Med. Bd. & Mari Robinson, JD, in Her Off. Capacity, No. 03-14-00644-CV (Tex. App.—Austin Feb. 18, 2015).published
- Jose A. Perez v. Texas Med. Bd. & Mari Robinson, JD, in Her Off. Capacity, No. 03-14-00644-CV (Tex. App.—Austin Apr. 13, 2015).published
- David Eoff v. Cent. Mut. Ins. Co., 461 S.W.3d 648 (Tex. App.—Dallas 2015).published
- Texas State Bd. of Veterinary Med. Examiners, & Nicole Oria, in Her Off. Capacity as Exec. Dir.// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Bd. of Veterinary Med. Examiners, & Nicole Oria, in Her Off. Capacity as Exec. Dir., No. 03-14-00774-CV (Tex. App.—Austin July 9, 2015).published
- Volkswagen Grp. of Am., Inc. & Audi of Am., Inc. v. John Walker III, in His Off. Capacity as Chairman of the Texas Dep't of Motor Vehs. Bd. The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Off. Capacities as Admin. Law Judges for the State Off., No. 03-15-00285-CV (Tex. App.—Austin Aug. 14, 2015).published
- Kountze Indep. Sch. Dist. v. Coti Matthews, on Behalf of Her Minor Child MacY Matthews, No. 09-13-00251-CV (Tex. App.—Beaumont Sept. 28, 2017).published
- in Re BHP Billiton Petroleum Props. (N.A.), LP & BHP Billiton Petroleum (TXLA Operating) Co., No. 14-17-00436-CV (Tex. App.—Houston [14th Dist.] Dec. 12, 2017).published
- in Re Velvin Oil Co., Inc., No. 01-17-00384-CV (Tex. App.—Houston [1st Dist.] Jan. 23, 2018).published
- Nathan Orr v. City of Red Oak, Texas, No. 07-17-00281-CV (Tex. App.—Amarillo Dec. 13, 2018).published
- City of Palmview v. Agua Special Util. Dist., No. 13-18-00416-CV (Tex. App.—Corpus Christi Mar. 7, 2019).published
- Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. & Dr. Gary Craighead, D.C. v. Texas Dep't of Ins.-Div. of Workers' Comp. Comm'r Cassandra J. Brown & Dr. Donald Patrick, in Their Off. & Individual Capacities State Off. of Admin. Hearings, Texas Chief Admin. Law Judge Cathleen Parsley in Her Off. Capacity Tommy Broyles, in His Off. Capacity The State of Texas & the Attorney Gen. of the State of Texas, 631 S.W.3d 163 (Tex. App.—Houston [14th Dist.] 2020).published
- in Re Est. of Michael Allen Hallmark, 629 S.W.3d 433 (Tex. App.—Eastland 2020).published
- Brenda Jurgens v. Gary Martin, 631 S.W.3d 385 (Tex. App.—Eastland 2021).published
- Main Rehab. & Diagnostic Ctr., LLC v. Liberty Mut. Ins. Co., 376 S.W.3d 825 (Tex. App.—Dallas 2012).published
- City of Houston v. Jennifer Crook, No. 06-21-00036-CV, 2021 WL 4804453 (Tex. App.—Texarkana Oct. 15, 2021).published
- Adams Garden Irrigation Dist. 19, Bayview Irrigation Dist. 11, Brownsville Irrigation Dist., Cameron Cnty. Irrigation Dist. 2, Cameron Cnty. Irrigation Dist. 6, Cameron Cnty. Irrigation Dist. 16 v. Texas Comm'n on Env't Quality, No. 13-17-00229-CV (Tex. App.—Corpus Christi–Edinburg Oct. 21, 2021).published
- Regina Carson v. Blue Cross Blue Shield of Texas, Inc., a Div. of Health Care Serv. Corp., Anita C. Johnson, Yvonne Sternadel A/K/A Vonnie S., Laura M. McClelland, Lauren Collins Reeser, Jane Cordray, Jason Ramirez, Jennifer Tracey, Christopher Flinn, & Teacher Ret. Sys. of Texas, No. 15-24-00108-CV (Tex. App.—15th Dist. Aug. 29, 2025).published
- Texas Comm'n on Env't Quality & Max Midstream, LLC v. San Antonio Bay Estuarine Waterkeeper, Texas Campaign for the Env't, & S. Diane Wilson, No. 15-24-00036-CV (Tex. App.—15th Dist. May 20, 2025).published
- Regina Carson v. Blue Cross Blue Shield of Texas, Inc., a Div. of Health Care Serv. Corp., Anita C. Johnson, Yvonne Sternadel A/K/A Vonnie S., Laura M. McClelland, Lauren Collins Reeser, Jane Cordray, Jason Ramirez, Jennifer Tracey, Christopher Flinn, & Teacher Ret. Sys. of Texas, No. 15-24-00108-CV (Tex. App.—15th Dist. Dec. 18, 2025).published
At page 338 Determining court of appeals jurisdiction over interlocutory appeals72 citing cases“it is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.”
- City of Olmos Park, Texas v. Brandon J. Grable, No. 08-24-00388-CV (Tex. App.—El Paso Dec. 12, 2025).published Code § 51.014; Thomas, 207 S.W.3d at 339 (“The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used.”).
- Giddy Holdings, Inc. v. Alpha Five Constr., Inc.; Harley Winters; & Cris W. Craft, 722 S.W.3d 305 (Tex. App.—Austin 2025).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- City of Huntsville, Texas v. Lucio Castilleja & Laura Castilleja, No. 15-25-00070-CV (Tex. App.—15th Dist. May 27, 2025).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has 18 jurisdiction.)
- the City of Houston v. David Gilbert, Marina Charles, as Next Friend of E.L., a Minor Child, Christian Coleman, Individually & as Next Friend of M.R. & T.R., Minor Child., & Bobby Ray, as Next Friend of M.R. & T.R., Minor Child., 656 S.W.3d 603 (Tex. App.—Houston [14th Dist.] 2022).published ([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- Daniel B. Jimenez v. City of Rockport, Texas, No. 13-21-00079-CV (Tex. App.—Corpus Christi–Edinburg June 9, 2022).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- in Re H&S Hoke Ranch, LLC, 625 S.W.3d 220 (Tex. App.—Waco 2021).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- Rebecca Amador v. the City of Irving, Texas, No. 05-19-00278-CV, 2020 WL 1316921 (Tex. App.—Dallas Mar. 20, 2020).published ([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- Texas Music Library & Rsch. Ctr. v. Texas Dep't of Transp. & Phil Wilson, Exec. Dir., No. 13-13-00600-CV (Tex. App.—Corpus Christi July 31, 2014).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- City of Houston v. Guthrie, No. 01-08-00712-CV (Tex. App.—Houston [1st Dist.] Dec. 31, 2009).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- the Univ. of Houston v. Stephen Barth, No. 01-06-00490-CV (Tex. App.—Houston [1st Dist.] July 3, 2008).published ([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
Show 57 more citing cases
- Hong Kong Dev., Inc., Hai Du Duong, & Phuong Truong Tu v. Kim Loan Nguyen D/B/A Alpha Bakery, No. 01-04-00586-CV, 2007 WL 1633360 (Tex. App.—Houston [1st Dist.] June 7, 2007).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- in Re: Prince of Peace Christian Sch., No. 05-20-00680-CV (Tex. App.—Dallas Sept. 23, 2020).published([I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.)
- James Brickley v. Nicholas Watson, No. 15-25-00118-CV (Tex. App.—15th Dist. Aug. 25, 2025).published Sys. v. Koseoglu, 233 S.W.3d 835,839-40 (Tex, 2007) scccecaccncceseureres esatetvecterens neue beeen nee 558 Tex. Dep't of Parks & Wildlife v. Miranda, 133 $.W.3d 217, 226 (Tex.2004)...ccccceaee cece ee eee ease eeennes vee e ewes 6 Thomas…
- James Brickley v. Codi Mitchell, No. 15-25-00063-CV (Tex. App.—15th Dist. June 10, 2025).published "A petition containing multiple claims should not be dismissed just because the court Lacks jurisdiction over one of the claims." See Thomas v. Long, 207 S.W.3d 334,338-39 (Tex.2006).
- Donna Indep. Sch. Dist. v. Diana Quintanilla, No. 13-23-00395-CV (Tex. App.—Corpus Christi–Edinburg Feb. 14, 2025).publishedCODE ANN. § 51.014(a)(8); Thomas v. Long, 207 S.W.3d 334, 338 (Tex. 2006). 5 II.
- Juana Herrera, Jose Lopez-Torres, Blanca Martinez, Juan Zamora, San Juanita Sosa, Am. Rios, Ruth Garza, Angel Perez Alanis, Juan Trevino, Maria Margarita Martinez, & the Ass'n of the Hoehn Subdivision v. Estella Mata, in Her Off. Capacity, Robert L. Bell, in His Off. Capacity, Tomas Garcia, in His Off. Capacity, Mark J. Fryer, in His Off. Capacity, William Davis, in His Off. Capacity, Cosme Martinez, in His Off. Capacity, & Hidalgo Cnty. Irrigation Dist. No. 1, 702 S.W.3d 538 (Tex. 2024).publishedThomas v. Long, 207 S.W.3d 334, 338-39 (Tex. 2006).
- Kerry Heckman, on Behalf of Themselves & All Other Persons Similarly Situated v. Williamson Cnty., 369 S.W.3d 137 (Tex. 2012).published
- Kanlic v. Meyer, 230 S.W.3d 889 (Tex. App.—El Paso 2007).published
- Noell v. Air Park Homeowners Ass'n, Inc., 246 S.W.3d 827 (Tex. App.—Dallas 2008).published
- Univ. of Houston v. Barth, 265 S.W.3d 607 (Tex. App.—Houston [1st Dist.] 2008).published
- GAR Assocs. III, L.P. v. State, Texas Dep't of Transp., 224 S.W.3d 395 (Tex. App.—Houston [1st Dist.] 2006).published
- Dallas Cnty. v. C. Green Scaping, L.P., 301 S.W.3d 872 (Tex. App.—Dallas 2009).published
- Avco Corp., Textron Lycoming Reciprocating Engine Div. of Avco Corp. v. Interstate Sw., Ltd., 251 S.W.3d 632 (Tex. App.—Houston [14th Dist.] 2008).published
- Am. Zurich Ins. Co. v. Samudio, 317 S.W.3d 336 (Tex. App.—Houston [1st Dist.] 2010).published
- Univ. of Texas M.D. Anderson Cancer Ctr. v. King, 329 S.W.3d 876 (Tex. App. 2011).published
- City of Houston v. Guthrie, 332 S.W.3d 578 (Tex. App.—Houston [1st Dist.] 2010).published
- Hong Kong Dev., Inc. v. Nguyen, 229 S.W.3d 415 (Tex. App.—Houston [1st Dist.] 2007).published
- Harris Cnty. Flood Control Dist. v. Great Am. Ins. Co., 359 S.W.3d 736 (Tex. App.—Houston [14th Dist.] 2011).published
- Jessica Shannon v. Mem'l Drive Presbyterian Church U.S., No. 14-14-00359-CV (Tex. App.—Houston [14th Dist.] July 23, 2015).published
- City of Pasadena, Texas v. Env't Infrastructure Grp., LP, Kinsel Indus., Inc. & Travelers Cas. & Sur. Co. of Am., Crouch/KST Enter., LTD., No. 01-07-00133-CV (Tex. App.—Houston [1st Dist.] Aug. 2, 2007).published
- Am. Zurich Ins. Co. v. Daniel Samudio, No. 01-08-00233-CV (Tex. App.—Houston [1st Dist.] Feb. 11, 2010).published
- George P. Kondos & Carol C. Kondos v. Bernard v. Carrico, Jr. & Wife, Judith A. Carrico, No. 02-05-00374-CV (Tex. App.—Fort Worth Mar. 8, 2007).published
- State v. BFI Waste Servs. of Texas, LP, a Delaware Ltd. P'ship, No. 03-10-00504-CV (Tex. App.—Austin Mar. 23, 2011).published
- Rachea Cunningham v. Navarro Reg'l Hosp., L.P. D/B/A Navarro Reg'l Hosp. Patricia Sullivan, RN & Lisa Henderson, RN, No. 03-11-00018-CV (Tex. App.—Austin Mar. 23, 2011).published
- Texas Dep't of Transp. v. Larry Hathorn, Individually & as Rep. of the Est. of Debra Picha, No. 03-11-00011-CV, 2012 WL 2989235 (Tex. App.—Austin July 19, 2012).published
- Univ. of Texas M.D. Anderson Cancer Ctr. v. Vicki M. King, No. 14-10-00282-CV (Tex. App.—Houston [14th Dist.] Dec. 7, 2010).published
- Laura S. Wassmer & Stephen B. Hopper v. Jo N. Hopper, 463 S.W.3d 513 (Tex. App.—El Paso 2014).published
- City of Justin, Texas v. Rimrock Enter., Inc., 466 S.W.3d 269 (Tex. App.—Fort Worth 2015).published
- Texas Dep't of Aging & Disability Servs. v. Sandra DeLong, 441 S.W.3d 538 (Tex. App.—El Paso 2014).published
- Univ. of Texas at Brownsville v. Jesus Ramos, No. 13-11-00302-CV (Tex. App.—Corpus Christi Jan. 26, 2012).published
- Texas Dep't of Transp. v. Malcolm G. Dyer, 358 S.W.3d 698 (Tex. App.—Corpus Christi 2011).published
- Claudio Fernandez, in His Individual Capacity, as Well as His Off. Capacity as League Dir. for the El Paso Cnty. Sportspark Youth Prog. & Rey Chavez, in His Off. Capacity as El Paso Cnty. Ascarate Dir. v. Griselda Pimentel, as Next Friend of Her Minor Child Brandon Pimentel Claudia Lopez, as Next Friend of Her Minor Child Raul Lopez, Jr. Ibett Arpero as Next Friend of Her Minor Child Adrian Arpero, No. 08-11-00148-CV (Tex. App.—El Paso Jan. 11, 2012).published
- San Antonio Water Sys. v. Robert Overby & Teresa Overby, 429 S.W.3d 716 (Tex. App.—San Antonio 2014).published
- R.R. Comm'n of Texas v. Gulf Energy Expl. Corp., No. 13-10-00015-CV (Tex. App.—Corpus Christi Aug. 5, 2010).published
- Texas Bd. of Chiropractic Examiners & Yvette Yarbrough, Exec. Dir. v. Texas Med. Ass'n, No. 03-14-00396-CV (Tex. App.—Austin Jan. 6, 2015).published
- in Re Texas All. of Energy, AKA Texas All. of Energy Producers Workers' Comp. Self-Insured Grp. Trust, No. 09-15-00263-CV (Tex. App.—Beaumont Aug. 31, 2015).published
- Jessica Shannon v. Mem'l Drive Presbyterian Church U.S., 476 S.W.3d 612 (Tex. App.—Houston [14th Dist.] 2015).published
- Charles N. Taylor, Jr. v. Dee Margo, in His Individual & Off. Capacities & Michael Williams, in His Individual & Off. Capacities, No. 08-14-00066-CV (Tex. Crim. App. Sept. 16, 2015).published
- House of Praise Ministries, Inc. v. City of Red Oak, Texas, No. 10-15-00148-CV (Tex. App.—Waco May 3, 2017).published
- Brownsville Indep. Sch. Dist. v. Arthur Rendon, No. 13-17-00628-CV, 2018 WL 1755878 (Tex. App.—Corpus Christi Apr. 12, 2018).published
- Rio Grande City Consol. Indep. Sch. Dist. v. City of Rio Grande, Joel Villarreal-Mayor, Arcadio J. Salinas III-Comm. Place 1, Rey Ramirez-Comm. Place 2, Hernan R. Garza III-Comm. Place 3 & Dave Jones-Comm. Place 4 & Dave Jones-Comm. Place 4, No. 04-17-00346-CV (Tex. App.—San Antonio June 27, 2018).published
- State v. Alvaro Aguilera, No. 13-16-00615-CV (Tex. App.—Corpus Christi Nov. 15, 2018).published
- Christus Spohn Health Sys. Corp. D/B/A Christus Hosp. Corpus Christi-Shoreline v. Jaime Daniel Gracia & Rachel Gracia, No. 13-18-00485-CV (Tex. App.—Corpus Christi Aug. 26, 2019).published
- Fernandez v. Pimentel ex rel. Pimentel, 360 S.W.3d 643 (Tex. App.—El Paso 2012).published
- Cameron Cnty. v. Tompkins, 422 S.W.3d 789 (Tex. App.—Corpus Christi 2013).published
- Texas Parks & Wildlife Dep't v. Rubio, 483 S.W.3d 797 (Tex. App.—El Paso 2016).published
- Taylor v. Margo, 508 S.W.3d 12 (Tex. App.—El Paso 2015).published
- Port Freeport v. Henry Jones, Pamela Tilley, Ava Waddell, Lottie Jones Sanders, Demetria Jones, Angie Nicole Clark Johnson, Janice Catley A/K/A Johnnie Catlite, Kirk Johnson, Lonnie Jones, Gabriel Jones, Rachel R. Thomas, Timothy Jones, Pendleton Johnson, Roosevelt Johnso, No. 01-22-00198-CV (Tex. App.—Houston [1st Dist.] Mar. 7, 2023).published
- Ricardo A. Samaniego, in His Off. Capacity as Cnty. Judge, Carlos Leon, in His Off. Capacity as Cnty. Comm'r, David Stout, in His Off. Capacity as Cnty. Comm'r, Illiana Holguin, in Her Off. Capacity as Cnty. Comm'r, Carl L. Robinson, in His Off. Capacity as Cnty. Comm'r v. Associated Gen. Contractors of Texas, High., Heavy, Utils. & Indus. Branch & a Bros. Milling, LLC, No. 08-22-00029-CV (Tex. App.—El Paso Mar. 27, 2023).published
- Officials Acting in Their Off. Capacities for the City of Austin Dev. Servs. Dep't:Denise Lucas, in Her Off. Capacity as Dir. v. Austin Nightlife, LLC D/B/A Summit Lounge, No. 03-22-00637-CV (Tex. App.—Austin Apr. 20, 2023).published
- The City of Lake Jackson v. Ricky Adaway, No. 01-22-00033-CV, 2023 WL 3588383 (Tex. App.—Houston [1st Dist.] May 23, 2023).published
- In Re Guadalupe Cnty. Sheriff's Off. & Guadalupe Cnty. v. the State of Texas, No. 13-23-00524-CV (Tex. App.—Corpus Christi–Edinburg Dec. 21, 2023).published
- Michael Mount v. Carl Rodriguez, No. 13-24-00032-CV (Tex. App.—Corpus Christi–Edinburg Aug. 28, 2024).published
- Diego Raoul Goding v. Margo DeHoyos, No. 01-24-00883-CV (Tex. App.—Houston [1st Dist.] May 15, 2025).published
- James Brickley v. Nicholas Watson, No. 15-25-00118-CV (Tex. App.—15th Dist. Sept. 9, 2025).published
- Crain v. N., 2025 Tex. Bus. 49 (Tex. Bus. Ct. 2025).published
- City of Anson v. Harper, 216 S.W.3d 384 (Tex. App.—Eastland 2006).published
At page 342 Determining exclusive jurisdiction over employment disputes17 citing casesWe hold that once the employees of a department elect to create a commission, and the commission’s rules create rights employees would not have at common law, the commission obtains exclusive jurisdiction over those matters.
- Charette, Ex Parte Robbie Gail v. The State of Texas, 721 S.W.3d 411 (Tex. Crim. App. 2025).published (We hold that once the employees of a department elect to create a commission, and the commission’s rules create rights employees would not have at common law, the commission obtains exclusive jurisdiction over those ma…)
- Charette, Ex Parte Robbie Gail v. The State of Texas, No. PD-0524-21 (Tex. Crim. App. Sept. 11, 2024).published (We hold that once the employees of a department elect to create a commission, and the commission’s rules create rights employees would not have at common law, the commission obtains exclusive jurisdiction over those ma…)
- Brownsville Indep. Sch. Dist. v. Arthur Rendon, No. 13-17-00628-CV, 2018 WL 1755878 (Tex. App.—Corpus Christi Apr. 12, 2018).published
- Texas Dep't of Ins. v. Reconveyance Servs., Inc., 240 S.W.3d 418 (Tex. App.—Austin 2007).published
- Ex parte Springsteen, 506 S.W.3d 789 (Tex. App.—Austin 2016).published
- Supermercado Teloloapan, Inc. v. City of Houston, 246 S.W.3d 272 (Tex. App.—Houston [14th Dist.] 2008).published
- Nelson v. City of Dallas, 278 S.W.3d 90 (Tex. App.—Dallas 2009).published
- MBM Fin. Corp. v. Woodlands Operating Co., 292 S.W.3d 660 (Tex. 2009).published
- Clint Indep. Sch. Dist. v. Sonia Herrera Marquez, Claudia Garcia, & Alicia Gomez, for & on the Behalf of Their Minor Child., 487 S.W.3d 538 (Tex. 2016).published
- City of Plainview Texas, William Mull, in His Off. Capacity as Chief of Police of the City of Plainview Police Dep't, & Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Dep't v. Korey Ferguson, No. 07-14-00405-CV (Tex. Crim. App. Feb. 18, 2015).published
Show 4 more citing cases
- Texas Comm'n on Env't Quality & Post Oak Clean Green, Inc. v. Guadalupe Cnty. Groundwater Conservation Dist., No. 04-15-00433-CV (Tex. App.—San Antonio Nov. 30, 2015).published
- Texas Comm'n on Env't Quality & Post Oak Clean Green, Inc. v. Guadalupe Cnty. Groundwater Conservation Dist., No. 04-15-00433-CV (Tex. App.—San Antonio Sept. 17, 2015).published
- Shirley Adams, Charlene Burgess, Willie Mae Herbst Jasik, William Albert Herbst, Helen Herbst & R. May Oil & Gas Co., Ltd. v. Murphy Expl. & Prod. Co.-USA, a Delaware Corp., No. 04-15-00118-CV (Tex. App.—San Antonio Oct. 12, 2015).published
- Jason Spence, Individually & as Heir & Rep. of the Est. of David Spence, Joel Spence, Individually & as Heir & Rep. of the Est. of David Spence, & Est. of Anthony Melendez v. State, No. 03-17-00685-CV (Tex. App.—Austin Apr. 26, 2019).published
At page 341 Regulating employee rights and appellate procedures under statute11 citing casesThe regulations describe the initial parts of the appellate process: within the prescribed time periods, an employee may appeal a disciplinary action to the sheriff; after that, the employee may appeal the sheriff's decision to the Commission.
- In Re Fort Bend Cnty. v. the State of Texas, No. 15-25-00102-CV (Tex. App.—15th Dist. July 24, 2025).published Sys. v. Koseoglu, 233 S.W.3d 835, 846 (Tex. 2007) (government entity or official has right to immediate interlocutory appeal of denial of plea to the jurisdiction); Thomas v. Long, 207 S.W.3d 334, 339 (Tex. 2006) (“The Legislature provided…
- Charette, Ex Parte Robbie Gail v. The State of Texas, No. PD-0524-21 (Tex. Crim. App. Sept. 11, 2024).published (The regulations describe the initial parts of the appellate process: within the prescribed time periods, an employee may appeal a disciplinary action to the sheriff; after that, the employee may appeal the sheriff's de…)
- Richard Stubbs v. the City of Weslaco, & Veronica Ramirez, in Her Off. Capacity as Weslaco Civil Serv. Dir., No. 13-14-00054-CV (Tex. App.—Corpus Christi Jan. 8, 2015).published
- John L. Tregre v. Harris Cnty., No. 14-10-01115-CV (Tex. App.—Houston [14th Dist.] Apr. 17, 2012).published
- Ex parte Springsteen, 506 S.W.3d 789 (Tex. App.—Austin 2016).published
- S.C. v. M.B., Individually & as Next Friend of I.C., 650 S.W.3d 428 (Tex. 2022).published
- Ramirez Capital Servs., LLC v. McMahan, No. 4:21-cv-00241, 2021 WL 5907791 (E.D. Tex. Dec. 14, 2021).
- Bennett v. Tarrant Cnty. Coll. Dist., No. 3:22-cv-00289 (N.D. Tex. Aug. 15, 2022).
- Bennett v. Tarrant Cnty. Coll. Dist., No. 3:22-cv-00289, 2023 WL 1805215 (N.D. Tex. Feb. 7, 2023).
- Woods v. STS Aviation, No. 3:23-cv-02745 (N.D. Tex. July 16, 2024).
Because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implicitly denied the jurisdictional challenge.
- Parkwood 121 Vill., LP v. Collin Cent. Appraisal Dist., No. 05-23-00270-CV (Tex. App.—Dallas Feb. 23, 2024).published(Because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implici…)
- In Re Gordon Indep. Sch. Dist., Bryson Oliver, Allan Ladd, Holly Campbell, Mike Reed, Shelle Crenshaw, & Katie Elrod v. the State of Texas, No. 11-22-00324-CV (Tex. App.—Eastland Mar. 2, 2023).published (Because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implici…)
- Texas Mun. League Intergovernmental Risk Pool v. City of Hidalgo, 601 S.W.3d 72 (Tex. App.—Corpus Christi–Edinburg 2020).published(Because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implici…)
- Texas Mun. League Intergovernmental Risk Pool v. City of Hidalgo, No. 13-19-00096-CV (Tex. App.—Corpus Christi–Edinburg Jan. 9, 2020).published(Because a trial court cannot reach the merits of a case without subject matter jurisdiction, a trial court that rules on the merits of an issue without explicitly rejecting an asserted jurisdictional attack has implici…)
At page 337 Trial court ruling on jurisdiction and declaratory judgment claims4 citing casesholding that trial court’s order ruling on merits of declaratory judgment claim constituted implicit denial of plea to jurisdiction and was appealable under section 51.014(a)(8)
- the Univ. of Texas Med. Branch at Galveston v. Carolyn Callas, Ray Callas & Jamie Callas, Individually & as the Representatives of the Est. of Gerald Callas & for & on Behalf of Any Wrongful Death Beneficiaries, No. 14-15-00449-CV (Tex. App.—Houston [14th Dist.] Oct. 26, 2015).published “we have jurisdiction over this interlocutory appeal because there is a conflict among the courts of appeals on whether a governmental unit's challenge to subject matter jurisdiction is appealable if raised in a motion f…”
- Christopher Mulgrew v. Spectraseis, Inc., 436 S.W.3d 798 (Tex. App.—Houston [14th Dist.] 2014).published
- Texas S. Univ., Texas S. Univ. President Leisa Crumpton-Young & Gen. Couns. Hao Le v. Mary Young, No. 01-22-00913-CV (Tex. App.—Houston [1st Dist.] Feb. 23, 2023).published
- Texas S. Univ., Texas S. Univ. President Leisa Crumpton-Young & Gen. Couns. Hao Le v. Mary Young, No. 01-22-00913-CV (Tex. App.—Houston [1st Dist.] Apr. 11, 2023).published
v.
Jeanne LONG, Respondent
delivered the opinion of the Court.
This is an interlocutory appeal of a trial court’s denial of a jurisdictional plea. Although the plea was made as part of a motion for summary judgment, the court of appeals had jurisdiction to consider the interlocutory appeal under section 51.014(a)(8) of the Texas Civil Practice and Remedies Code. We conclude that the court erred in determining that it was without jurisdiction to consider the appeal. However, we dismiss the claims relating to the respondent’s reinstatement to her employment because her failure to exhaust administrative remedies deprived the trial court of subject matter jurisdiction over those claims. [1]
I. Factual and Procedural Background
The underlying dispute concerns the interpretation of an order issued by an administrative body. It is not an appeal from the administrative order itself. In a June 1, 2000 letter, the Harris County Sheriffs Department terminated Jeanne Long’s employment as a jailer for violations of the Department’s employee conduct manual. Long appealed her termination to the Harris County Sheriffs Department Civil Service Commission. Over a year later on September 6, 2001, the Commission determined that Long’s termination was not supported by sufficient evidence and ordered the Department to reinstate Long with no loss of seniority or benefits. The Commission denied Long’s request for reimbursement of wages. Long did not appeal the Commission’s decision. In letters dated September 7, 2001, and November 7, 2001, the Department informed Long that she would be required to complete a physical ability test before returning to work. Long refused to take the test. The Department maintained its position that because Long had been absent from duty for more than twelve months, the Department’s employee manual required Long to complete the physical ability test before returning to work. The Commission’s order did not mention the test.
On November 13, 2001, Long filed suit in state district court against Harris County Sheriff Tommy Thomas and the Harris County Sheriffs Department [2] seeking a declaration that she was entitled to immediately return to work with no loss of seniority or benefits, without taking any tests, without re-applying for employment, but with back pay dating from the Commission’s order. Long sought a writ of mandamus compelling Thomas to comply with the Commission’s order, and she sought a temporary restraining order and temporary injunction allowing her to re[*337] turn to work immediately with no loss of seniority or benefits and without undergoing additional testing. Long’s petition also included a retaliation claim under section 21.055 of the Texas Labor Code. Thomas asserted a partial plea in bar, contending that the trial court “should not exercise jurisdiction over any of Plaintiff’s reinstatement claims because exclusive or primary jurisdiction over this matter has been given to the Harris County Sheriffs Department Civil Service Commission.” The trial court never explicitly ruled on Thomas’s partial plea in bar.
Long moved for partial summary judgment on the declaratory judgment and mandamus actions. Thomas filed a cross-motion for summary judgment on the same causes of action, arguing that the trial court lacked subject matter jurisdiction over those claims. Arguing in the alternative, Thomas requested the trial court to decline to exercise jurisdiction over the matter because the Commission had primary jurisdiction. Finally, Thomas argued that even if the trial court had jurisdiction, he was entitled to judgment as a matter of law on Long’s mandamus and declaratory judgment actions. The trial court entered a partial judgment in favor of Long declaring that “[ujnder the Civil Service Commission’s September 6, 2001 Order, (1) Plaintiff is entitled to immediately return to work with no loss of seniority or benefits, (2) Plaintiff does not need to perform any tests as a condition to returning to work, and (3) Plaintiff does not need to apply for re-employment.” On the same day, the trial court granted Thomas’s motion for partial summary judgment in part and dismissed Long’s request for mandamus relief. The court also entered an order identifying Long’s claims for retaliation, attorney’s fees, and back pay as the only remaining claims before the court.
Thomas filed a notice of an interlocutory appeal to challenge the court’s “denial of his Plea to the Jurisdiction signed by [the trial court] on March 4, 2002.” Thomas’s notice also acknowledged that his “appeal includes all three of the orders signed by the Court on March 4, 2002 since all three orders relate to [Thomas’s] dispute as to [the trial court’s] jurisdiction.” The court of appeals dismissed the appeal for lack of jurisdiction, explaining that “because our record does not contain an order granting or denying a plea to the jurisdiction, and because section 51.014(a) does not include an appeal of the denial of a summary judgment based on lack of subject matter jurisdiction, that statute does not explicitly provide that we have jurisdiction over this interlocutory appeal.” 97 S.W.3d 300, 302. Thomas petitioned this Court for review.
II. Jurisdiction of this Court
We have jurisdiction over this interlocutory appeal because there is a conflict among the courts of appeals on whether a governmental unit’s challenge to subject matter jurisdiction is appealable if raised in a motion for summary judgment. TEX. GOV’T CODE §§ 22.001(a)(2), 22.225(c); [3][*338] Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 223 (Tex.2004); compare 97 S.W.3d at 302, and Brazos Transit Dist. v. Lozano, 72 S.W.3d 442, 445 (Tex.App.—Beaumont 2002, no pet.) (dismissing interlocutory appeals from denials of motions for summary judgment challenging subject matter jurisdiction for lack of jurisdiction), with Bexar County v. Gant, 70 S.W.3d 289, 291-92 (Tex.App.—San Antonio 2002, pet. denied), and Sw. Tex. State Univ. v. Enriquez, 971 S.W.2d 684, 685 (Tex.App.—Austin 1998, pet. denied), abrogated on other grounds by Kerrville State Hosp. v. Fernandez, 28 S.W.3d 1, 6 (Tex.2000) (assuming jurisdiction over interlocutory appeals of jurisdictional challenges raised in motions for summary judgments). We address both issues raised in this petition for review: (1) whether the court of appeals had subject matter jurisdiction to address Thomas’s interlocutory appeal and (2) whether the trial court had jurisdiction to issue a declaratory judgment interpreting the Commission’s order.
III. Jurisdiction of the Court of Appeals
Generally, appeals may only be taken from final judgments or orders. See TEX. CIV. PRAC. & REM. CODE § 51.014; Qwest Commc’ns Corp. v. AT & T Corp., 24 S.W.3d 334, 336 (Tex.2000); Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex.1992). Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code provides an exception to this general rule by allowing an appeal from an interlocutory order that “grants or denies a plea to the jurisdiction by a governmental unit as that term is defined in Section 101.001.”
Thomas’s appeal to the court of appeals challenged the trial court’s interlocutory orders denying his motion for partial summary judgment disputing the trial court’s subject matter jurisdiction. The court of appeals concluded that it lacked jurisdiction for two reasons. 97 S.W.3d at 302. First, it concluded there was no final judgment disposing of all issues and parties, observing that one of the trial court’s orders explicitly identified pending claims, which include claims for retaliation, attorney’s fees, and back pay. Id. Second, the court held that because the “record does not contain an order granting or denying a plea to the jurisdiction, and because section 51.014(a) does not include an appeal of the denial of summary judgment based on lack of subject matter jurisdiction, that statute does not explicitly provide that [the court of appeals has] jurisdiction over this interlocutory appeal.” Id.
Relying on Speer v. Stover, Long argues that the trial court properly denied Thomas’s plea because the Department conceded that the trial court had jurisdiction over at least one claim. 685 S.W.2d 22 (Tex.1985). In Speer, this Court held that a trial court’s order sustaining a misnomered plea in abatement, which challenged the trial court’s subject matter jurisdiction, was a final and ap-pealable order. 685 S.W.2d at 23. Comparing the effect of the two pleas, the Court stated that “[sustaining a plea to the jurisdiction requires dismissal; sustaining a plea in abatement requires that the claim be abated until removal of some impediment.” Id. Long argues this means if the trial court lacks jurisdiction over some claims but not others, it must deny the plea. We disagree. As we recognized in American Motorists Insurance Company v. Fodge, it is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction. 63 S.W.3d 801, 805 (Tex.2001) (holding that the trial court erred in dismissing all claims but the[*339] court of appeals erred in requiring the reinstatement of all claims); see also Tex. Highway Dept. v. Jarrell, 418 S.W.2d 486, 488 (Tex.1967) (“As applied to a pending claim for relief or cause of action, a plea to the jurisdiction, if sustained, would require a dismissal .... ”). A trial court is not required to deny an otherwise meritorious plea to the jurisdiction or a motion for summary judgment based on a jurisdictional challenge concerning some claims because the trial court has jurisdiction over other claims. See Fodge, 68 S.W.3d at 805. To the extent some courts of appeals have held otherwise, we disapprove of those holdings. See Aledo Indep. Sch. Dist. v. Choctaw Props., L.L.C., 17 S.W.3d 260, 262-63 (Tex.App.—Waco 2000, no pet.); Harris County Flood Control Dist. v. PG & E Tex. Pipeline, L.P., 35 S.W.3d 772, 773 (Tex.App.—Houston [1st Dist.] 2000, pet. dism’d w.o.j.), disavowed on other grounds by City of Houston v. Northwood Mun. Util. Dist. No. 1, 74 S.W.3d 183 (Tex.App.—Houston [1st Dist.] 2002, no pet.); Life Mgmt. Ctr. for MH/MR Servs. v. Cruz, No. 08-03-00121-CV, 2003 WL 22923927, at *3-*4 (Tex.App.—El Paso Dec.11, 2003, no pet.) (mem.op.).
The court of appeals correctly observed that the record does not contain an order explicitly denying a plea to the jurisdiction. Thomas did not file a document titled “plea to the jurisdiction” with the trial court. However, Thomas’s summary judgment motion clearly challenged the trial court’s subject matter jurisdiction. The Legislature provided for an interlocutory appeal when a trial court denies a governmental unit’s challenge to subject matter jurisdiction, irrespective of the procedural vehicle used. [4] TEX. CIV. PRAC. & REM. CODE § 51.014(a)(8); Harris County v. Sykes, 136 S.W.3d 635, 638 (Tex.2004); see also Surgitek, Bristol-Myers Corp. v. Abel, 997 S.W.2d 598, 601 (Tex.1999) (holding that the availability of interlocutory appeal from a section 15.003(a) joinder decision is not “constrained by the form or caption of a pleading” but will be determined by “the substance of a motion to determine the relief sought, not merely its title”). To the extent some courts of appeals have held otherwise, we disapprove of those holdings. See 97 S.W.3d at 302; Lozano, 72 S.W.3d at 445; City of Garland v. Rutherford, No. 05-98-00295-CV, 1998 WL 652318, at *4 & n. 1 (Tex.App.—Dallas Sept.24, 1998, no pet.) (not designated for publication).
To be entitled to an interlocutory appeal, section 51.014(a)(8) requires the denial of a jurisdictional challenge. In this case, none of the trial court’s orders on the parties’ cross-motions for summary judgment explicitly denied the relief sought in the section of Thomas’s motion for summary judgment challenging the trial court’s subject matter jurisdiction. However, the trial court’s rulings on the merits of some claims for which Thomas argued the trial court lacked subject matter jurisdiction constitute an implicit rejection of Thomas’s jurisdictional challenges. The Texas Rules of Appellate Procedure only require that the record show the trial court ruled on the request, objection, or motion, either expressly or implicitly. TEX. R. APP. P. 33.1(a)(2)(A). Because a trial court cannot reach the merits of a case without subject matter jurisdiction, Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993), a trial court that rules on the merits of an issue without explicitly rejecting an asserted ju[*340] risdictional attack has implicitly denied the jurisdictional challenge. See, e.g., Soberay Mach. & Equip. Co. v. MRF Ltd., 181 F.3d 759, 762 (6th Cir.1999); Ahuna v. Dep’t of Hawaiian Home Lands, 64 Haw. 327, 640 P.2d 1161, 1165 n. 9 (1982). By ruling on the merits of Long’s declaratory judgment claim, the trial court necessarily denied Thomas’s challenge to the court’s jurisdiction. That implicit denial satisfies section 51.014(a)(8) of the Texas Civil Practice and Remedies Code and gives the court of appeals jurisdiction to consider Thomas’s interlocutory appeal.
IV. Jurisdiction of the Trial Court— Exhaustion of Remedies
Thomas contends that the trial court lacked subject matter jurisdiction because the Commission had exclusive jurisdiction over Long’s reinstatement claims, and Long failed to exhaust her administrative remedies before filing this suit.
Whether the Commission has exclusive jurisdiction over this dispute is a question of law that we review de novo.
Subaru of Am. v. David McDavid Nissan, Inc., 84 S.W.3d 212, 222 (Tex.2002). Texas district courts are courts of general jurisdiction with the power to “hear and determine any cause that is cognizable by courts of law or equity” and to “grant any relief that could be granted by either courts of law or equity.” TEX. GOV’T CODE § 24.007-008; see also TEX. CONST, art. V, § 8; David McDavid Nissan, 84 S.W.3d at 220; Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 75 (Tex.2000). In contrast, administrative bodies only have the powers conferred on them by clear and express statutory language or implied powers that are reasonably necessary to carry out the Legislature’s intent. David McDavid Nissan, 84 S.W.3d at 220; Tex. Workers’ Comp. Comm’n v. Patient Advocates of Tex., 136 S.W.3d 643, 652 (Tex.2004). When the Legislature grants an administrative body the sole authority to make an initial determination in a dispute, the agency has exclusive jurisdiction over the dispute. David McDavid Nissan, 84 S.W.3d at 221. If an administrative body has exclusive jurisdiction, a party must exhaust all administrative remedies before seeking judicial review of the decision. Id. Until the party has satisfied this exhaustion requirement, the trial court lacks subject matter jurisdiction and must dismiss those claims without prejudice to refiling. Id.
Determining whether the Commission has exclusive jurisdiction requires examination and construction of the relevant statutory scheme. Id. Here, there is no express legislative indication of exclusive jurisdiction. Thus, we look to the legislative scheme to determine if the Legislature intended the Commission to have sole authority to make the initial determination in this dispute. Id. at 223.
Sections 158.033 and 158.034 of the Texas Local Government Code permit the creation of a sheriffs department civil service system and a commission in certain counties. Thomas contends that subsection 158.035(a) of the Texas Local Government Code vests the Commission with exclusive jurisdiction over the dispute in this case. Section 158.035, titled “Powers of the Commission,” provides in relevant part:
(a) The commission shall adopt, publish, and enforce rules regarding:
(1) selection and classification of employees;
(2) competitive examinations;
(3) promotions, seniority, and tenure;
(4) layoffs and dismissals;
(5) disciplinary actions;
(6) grievance procedures;
(7) the rights of employees during an internal investigation; and
[*341] (8) other matters relating to the selection of employees and the procedural and substantive rights, advancement, benefits, and working conditions of employees.
TEX. LOC. GOV’T CODE § 158.035(a). Thus, the Commission is authorized by statute to regulate employment matters in the sheriff’s department. The Harris County Sheriffs Department Civil Service Regulations detail the rules and procedures adopted by the Commission. HARRIS COUNTY SHERIFF’S DEP’T CIVIL SERV. REGS. R. 1.01-19.01. The regulations address employment position classification, employment criteria, disciplinary actions (including layoffs and dismissals) and appeals, grievances, and performance evaluations, among other things. Id. R. 4.01-.06, 6.01-.02, 12.01-.05, 13.01-04, 15.01-.08. One of these regulations, Rule 12.03(a), states that “[n]o employee shall be subject to any disciplinary action [including termination] except for just cause.” [5]
Absent an express agreement to the contrary, Texas is an employment-at-will state. City of Odessa v. Barton, 967 S.W.2d 834, 835 (Tex.1998). Subject to certain exceptions, employment is terminable at any time by either party with or without cause. Barton, 967 S.W.2d at 835; see Fed. Express Corp. v. Dutschmann, 846 S.W.2d 282, 283 (Tex.1993); see also East Line & Red River R. Co. v. Scott, 72 Tex. 70, 10 S.W. 99, 102 (1888). However, an employer may modify the employment terms of the at-will status of its employees. Barton, 967 S.W.2d at 835. In this case, the Commission’s rules implement procedures for disciplinary actions, including termination for just cause. HARRIS COUNTY SHERIFF’S DEP’T CIVIL SERV. REGS. R. 12.03(a). The regulations describe the initial parts of the appellate process: within the prescribed time periods, an employee may appeal a disciplinary action to the sheriff; after that, the employee may appeal the sheriffs decision to the Commission. Id. R. 12.04. Section 158.037 of the Texas Local Government Code then provides for a “substantial evidence” review of the Commission’s decision by the district court. [6] As we have recognized, an employee subject to for-cause termination has a property interest in continued employment sufficient to entitle the employee to judicial review of an administrative decision to terminate employment. Barton, 967 S.W.2d at 835-36.
Although the statute authorizing the creation of the Commission does not contain the words “exclusive jurisdiction,” as many statutes granting an administrative body exclusive jurisdiction do, it authorizes the Commission to extend specified rights to employees that are not available at common law. By promulgating Rule 12.03(a), as authorized by the Local Government Code, the Commission vested Department employees with for-cause employment status, which they have only because the Commission conferred that right on them. To enforce those rights, employees must follow the procedures enumerated in the Commission’s rules as authorized by stat[*342] ute. See Bullock v. Amoco Prod. Co., 608 S.W.2d 899, 901 (Tex.1980). We hold that once the employees of a department elect to create a commission, and the commission’s rules create rights employees would not have at common law, the commission obtains exclusive jurisdiction over those matters. See TEX. LOC. GOV’T CODE § 158.032-.033, .035.
We therefore conclude that the Commission had exclusive jurisdiction over the employment dispute in this ease. Long exercised her rights under the Commission’s scheme when she appealed her termination by the sheriff to the Commission. Her appeal was successful — the Commission overtoned Long’s termination and ordered that she be allowed to return to work with no loss of seniority or benefits. Nothing in our record indicates whether Thomas or Long raised the physical ability test requirement with the Commission, and the Commission did not address the issue in its order. In a letter dated the day after the Commission’s order, the Department notified Long that, according to its interpretation of the order, she would be required to complete a physical ability test upon her return to work after a yearlong absence. Long did not return to the Commission to obtain a decision regarding the Department’s enforcement of a physical ability test requirement. If she had, and she received an adverse decision, she could have appealed to the district court. Instead, she bypassed the Commission and filed this suit seeking interpretation and enforcement of the Commission’s first order. Although Long obtained a decision in her favor regarding reinstatement, the law requires Long to exhaust her administrative remedies by obtaining a Commission decision regarding Thomas’s refusal to allow her to return to work without completing a physical ability test. She failed to do so. For these reasons, the trial court did not have subject matter jurisdiction over Long’s reinstatement claims.
The fact that Long fashioned this suit as a declaratory judgment action does not change this analysis. The subject matter of her declaratory judgment action — the interpretation of the Commission’s order as it applies to completing a physical ability test — is the same subject matter over which the Legislature intended the Commission to exercise exclusive jurisdiction. The trial court was without subject matter jurisdiction to issue a declaratory judgment in this case and erred in denying Thomas’s jurisdictional challenge.
V. Conclusion
For the reasons stated above, we reverse the court of appeals’ judgment and render judgment dismissing for lack of subject matter jurisdiction Long’s claims relating to her reinstatement.
. The respondent's retaliation claim under section 21.055 of the Texas Labor Code, and claims for attorney’s fees and back pay, are not part of this interlocutory appeal and remain pending at the trial court.
. Long later amended her petition nonsuiting all claims against the Department.
. The Legislature amended section 22.001 of the Texas Government Code, effective September 1, 2003. Act of June 2, 2003, 78th Leg., R.S., Ch. 204, § 1.04, 2003 Tex. Gen. Laws 847, 849-50 (codified as section 22.001(e) of the Texas Government Code). The amendment, which applies to actions filed on or after September 1, 2003 and therefore does not govern our jurisdiction in this case, provides that "one court holds differently from another when there is inconsistency in their respective decisions that should be clarified to remove unnecessary uncertainty in the law and unfairness to litigants.” The Legislature amended section 22.225 to add a similar provision. Act of June 2, 2003, 78th Leg., R.S. Ch. 204, § 1.02, 2003 Tex. Gen. Laws 847, 848-49 (codified as section 22.225(e) of the Texas Government Code).
. We refer to "governmental unit” as defined by section 101.001 of the Texas Civil Practice and Remedies Code.
. The Regulations define "Disciplinary action” as “any action taken against an employee by the Department due to improper conduct by the employee that will result in termination, suspension, demotion, reduction in rank, or refusal to rehire at the end of a contractual period." HARRIS COUNTY SHERIFF'S DEP'T CIVIL SERV. REGS. R. 12.01.
. Presumably because Long’s appeal to the Commission was successful, she did not pursue judicial review of the order. The constitutionality of the standard of review provided by the Code was not challenged.