By Amanda Sotak, Figari + Davenport, LLPTimothy Daniels, Figari + Davenport, LLPAndrew C. Whitaker, Figari + Davenport, LLPAmber D. Reece, Figari + Davenport, LLP

Introduction
The major developments in the field of civil procedure during the Survey period occurred through judicial decisions.

II. Subject Matter Jurisdiction
The Texas Supreme Court issued several opinions relating to subject matter jurisdiction. In Wasson Interests, Ltd. v. City of Jacksonville, the Texas Supreme Court addressed whether the common law distinction between governmental and proprietary acts applies to a breach of contract claim. This case involved a lease entered into by the City of Jacksonville and the Wassons, which required the leased property be used for residential purposes only. When the City served an eviction notice for failure to abide by the lease, the Wassons sued for breach of contract. The trial court granted summary judgment for the City, and the Tyler Court of Appeals affirmed based on governmental immunity. Specifically, the court of appeals found that immunity was the “default position,” and it had not been waived by the City. The Wassons appealed to the supreme court.

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Recommended Citation
Amanda Sotak, et al., Civil Procedure: Pre-Trial & Trial, 3 SMU Ann. Tex. Surv. 69 (2017)