law-opportunity-to-amend, re-plead | special exceptions | pleading sufficiency | plea to the
OPPORTUNITY TO AMEND - WHEN IS A PARTY ENTITLED TO IT?
Dismissal on the pleadings without opportunity to amend approved in WBA
State of Texas and TxDoT v. Lueck, No. 06-1034 (Tex. Jun. 26, 2009)(Green)(Whistleblower Act
claim dismissed)(allegation of regulatory noncompliance insufficient, report not to appropriate law
enforcement agency, allegation of violation of the law as jurisdictional element, dismissal on the
pleadings by plea to the jurisdiction, no opportunity to amend afforded)
THE STATE OF TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION v. GEORGE
LUECK; from Travis County; 3rd district (03-05-00510-CV, 212 SW3d 630, 08-16-06)
motion to dismiss denied
The Court reverses the court of appeals' judgment and dismisses the case for lack of jurisdiction.
Justice Green delivered the opinion of the Court. [pdf 16 pgs.]
3 The City did not file special exceptions or claim that the pleadings failed either to negate or
demonstrate jurisdiction. See Miranda, 133 S.W.3d at 226–27 (holding that if the pleadings
neither affirmatively demonstrate nor negate jurisdiction, “the issue is one of pleading sufficiency
and the plaintiff should be afforded the opportunity to amend” the pleadings). City of Waco v.
Kirwan, No. 08-0121 (Tex. Nov. 20, 2009)(Green)(premises liability, fatal fall from cliff,
recreational use statute)