TEXAS A & M UNIVERSITY SYSTEM v. KOSEOGLU

No. 05-0321.

233 S.W.3d 835 (2007)

TEXAS A & M UNIVERSITY SYSTEM, Texas Engineering Experiment Station, and Dr. Mark McLellan, Petitioners, v. Dr. Sefa KOSEOGLU, Respondent.

Supreme Court of Texas.

Delivered September 7, 2007.


Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen., Barry Ross McBee, Edward D. Burbach, Office of Atty. Gen., Jeffrey L. Rose, Atty. Gen., Robert Francis Johnson, Assistant Atty. Gen., Don Wayne Cruse Jr., Assistant Solicitor Gen., and Rafael Edward Cruz, Office of Atty. Gen., Austin, for Petitioner.

Wayne T. Rife, Law Offices of Wayne T. Rife, P.C., College Station, TX, for Respondent.


Justice GREEN delivered the opinion of the Court.

In this case we consider whether a plaintiff who, on appeal, loses a plea to the jurisdiction based on sovereign immunity is entitled to a remand for an opportunity to cure the jurisdictional pleading defect. We conclude that when a pleading cannot be cured of its jurisdictional defect, a plaintiff is not entitled to amend. Additionally, we must interpret section 51.014(a) of the Texas Civil Practice and Remedies Code...

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