University of Texas Medical Branch at Galveston v. Estate of Blackmon ex rel. Shultz

In University of Texas Medical Branch at Galveston v. Estate of Blackmon ex rel. Shultz, 195 S.W.3d 98 (Tex. 2006), The University of Texas Medical Branch ("UTMB") appealed the trial court's denial of its plea to the jurisdiction. Id. at 100. The court of appeals initially reversed the trial court's order and rendered judgment for UTMB, but withdrew the judgment upon granting the plaintiff's motion for rehearing. Id. Three weeks later, the plaintiff filed a nonsuit and moved to dismiss the appeal for want of jurisdiction. Id. The court of appeals denied the plaintiff's motion and issued a new opinion affirming the denial of UTMB's plea to the jurisdiction. Id. The Supreme Court of Texas agreed with the plaintiff's argument that there was no longer a case or controversy, and that her nonsuit deprived the court of appeals of jurisdiction over UTMB's appeal. Id. The Blackmon court explained: "Finally, UTMB argues that a plaintiff cannot nonsuit a claim once a court has rendered a judgment on the merits. . . . In this case, however, the court of appeals withdrew its judgment for UTMB before the nonsuit was filed. As a result, the nonsuit vitiated only the trial court's interlocutory order denying UTMB's plea to the jurisdiction. That ruling favored Shultz and, consequently, its nullification did not prejudice UTMB." Id. at 101.