In City of Fort Worth v. Robles, 51 S.W.3d 436 (Tex. App.--Fort Worth 2001, pet. denied), the court of appeals held that because of this exception under rule 93, the City did not need to file a verified plea to the jurisdiction. In Robles, the City did not challenge the facts asserted in the plaintiff's petition. Id. at 445. Instead, it argued that even if the plaintiff's allegations were true, the suit could not proceed as a matter of law. Id. The court of appeals agreed and held that because the record affirmatively demonstrated the deficiency of the plaintiff's pleadings, the City fell within the exception provided in rule 93 and was not required to verify its plea. Id.