law-UDJA-jurisdiction | Uniform Declaratory Judgments Act Texas UDJA aka DJA | attorney's fees under the DJA |
summary judgment for declaratory relief |
HOUSTON CASE LAW ON UDJA AND JURISDICTION (DECLARATORY RELIEF)
In an action for declaratory relief, a plaintiff must allege facts that affirmatively demonstrate that the trial court has
subject matter jurisdiction. Tex. Ass'n of Bus., 852 S.W.2d at 446; City of Pasadena v. Smith, 263 S.W.3d 80, 86
(Tex. App.-Houston [1st Dist.] 2006, pet. denied).
Both standing and ripeness are components of subject matter jurisdiction. E.g. Waco Indep. Sch. Dist. v. Gibson,
22 S.W.3d 849, 850 (Tex. 2000). In regard to standing, the focus is on who may bring an action, and, in regard to
ripeness, the focus is on when that action may be brought. Id.
Standing "requires that the controversy adversely affect the party seeking review." McAllen Med. Ctr., Inc. v.
Cortez, 66 S.W.3d 227, 234 (Tex. 2001). In a standing analysis we focus on whether the "party has a sufficient
relationship with the lawsuit so as to have a `justiciable interest' in its outcome." Austin Nursing Ctr. v. Lovato, 171
S.W.3d 845, 848 (Tex. 2005). A party seeking declaratory relief has a justiciable interest in the subject matter if
there is "a real controversy between the parties" that will "actually be determined by the judicial declaration
sought." Tex. Ass'n of Bus., 852 S.W.2d at 446. When determining standing, we "construe the pleadings in favor of
the plaintiff and look at the pleader's intent." Id.
Cassidy v. TeamHealth, Inc. (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Jennings)(no standing to pursue
declaratory judgment claim, plea to the jurisdiction, opportunity to amend pleadings not exercised)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Jennings, Keyes and Higley
01-08-00324-CV Crystal Cassidy v. The American Academy of Emergency Medicine, The Texas Academy of
Emergency Medicine and Richard J. Ybarra v. TeamHealth, Inc., TeamHealth, P.A., Memorial Hermann Healthcare
System, ACS Primary Care Physcians Southwest, P.A., and Teamhealth West
Appeal from 80th District Court of Harris County
Trial Court Judge: Hon. Lynn Bradshaw-Hull
The Declaratory Judgment Act ("DJA") provides that "[a] court of record within its jurisdiction has power to declare
rights, status, and other legal relations whether or not further relief is or could be claimed." TEX. CIV. PRAC. &
REM. CODE ANN. § 37.003(a) (Vernon 1997) (emphasis added). The DJA does not itself create jurisdiction. See
Tex. Natural Res. Conservation Comm'n v. IT-Davy, 74 S.W.3d 849, 855 (Tex.2002) ("The DJA does not extend a
trial court's jurisdiction, and a litigant's request for declaratory relief does not confer jurisdiction on a court or
change a suit's underlying nature.").
Appellants' petition does not demonstrate that their suit is one for an amount in controversy within the county court
at law's jurisdiction or one that a statute allows the county court at law to entertain absent an amount in
controversy. Accordingly, we hold that the trial court did not have subject-matter jurisdiction to render the
declarations that appellants sought and, thus, did not err in dismissing appellants' request for them.
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