Texas A & M University System v. Koseoglu

Summary

The Supreme Court of Texas held that a plaintiff whose jurisdictional pleading defect cannot be cured is not entitled to amend before dismissal. The court also held that Texas Civil Practice and Remedies Code section 51.014(a)(8) permits an interlocutory appeal from the denial of a plea to the jurisdiction based on sovereign immunity filed by a state official sued in an official capacity. The court dismissed the claims against Texas A&M University System and Dr. McLellan.

Holdings

1. A plaintiff is entitled to a reasonable opportunity to amend pleadings in response to a plea to the jurisdiction only if the jurisdictional defect can be cured. When the defect is incurable, remand for amendment is improper.
2. Texas A&M's sovereign immunity barred Koseoglu's breach-of-contract claim because he had not obtained legislative consent to sue, and accepting benefits under an alleged contract did not waive immunity.
3. Texas Civil Practice and Remedies Code section 51.014(a)(8) authorizes a state official sued in his official capacity to appeal interlocutorily from the denial of a plea to the jurisdiction asserting sovereign immunity.

Questions Presented

1. Whether a plaintiff whose pleadings are jurisdictionally defective is entitled to amend after a plea to the jurisdiction when the defect cannot be cured.
2. Whether Texas A&M's sovereign immunity barred Koseoglu's breach-of-contract claim.
3. Whether Texas Civil Practice and Remedies Code section 51.014(a)(8) authorizes an interlocutory appeal by a state official sued in his official capacity from the denial of a plea to the jurisdiction based on sovereign immunity.

Disposition

reversed