Denton County v. Huther – Case Brief Summary (Texas)

In Denton County v. Huther, 43 S.W.3d 665 (Tex.App.--Fort Worth 2001, no pet.), the defendants filed a motion to reconsider and "renewed plea to the jurisdiction" after their first plea was denied. See 43 S.W.3d at 666.

The appellate court noted that the first and second pleas raised the same grounds, but the second plea cited additional authority. See id. at 667.

The court held:

"The mere fact that the motion cites additional authority in support of Appellants" plea to the jurisdiction that was not included in the plea to the jurisdiction when it was first presented to the trial court, did not transform the motion into a second, separate and distinct plea to the jurisdiction." Id.

Therefore, the order denying the second plea was not an appealable interlocutory order. Id.