Psalms
Chapter 119
1 Blessed are the undefiled in the way, who walk in the law of
the LORD.
2 Blessed are they that keep his testimonies, and that seek him
with the whole heart.
3 They also do no iniquity
4 Thou hast commanded us to keep thy precepts diligently.
5 O that my ways were directed to keep thy statutes!
6 Then shall I not be ashamed, when I have respect unto all thy
commandments.
7 I will praise thee with uprightness of heart, when I shall
have learned thy righteous judgments.
8 I will keep thy statutes
9 Wherewithal shall a young man cleanse his way? by taking heed
thereto according to thy word.
10 With my whole heart have I sought thee
from thy commandments.
11 Thy word have I hid in mine heart, that I might not sin
against thee.
12 Blessed art thou, O LORD
13 With my lips have I declared all the judgments of thy mouth.
14 I have rejoiced in the way of thy testimonies, as much as in
all riches.
15 I will meditate in thy precepts, and have respect unto thy
ways.
16 I will delight myself in thy statutes
word.
17 Deal bountifully with thy servant, that I may live, and keep
thy word.
18 Open thou mine eyes, that I may behold wondrous things out of
thy law.
19 I am a stranger in the earth
me.
20 My soul breaketh for the longing that it hath unto thy
judgments at all times.
21 Thou hast rebuked the proud that are cursed, which do err from
thy commandments.
22 Remove from me reproach and contempt; for I have kept thy
testimonies.
23 Princes also did sit and speak against me
meditate in thy statutes.
24 Thy testimonies also are my delight and my counsellors.
25 My soul cleaveth unto the dust
thy word.
26 I have declared my ways, and thou heardest me
statutes.
27 Make me to understand the way of thy precepts
of thy wondrous works.
28 My soul melteth for heaviness
unto thy word.
29 Remove from me the way of lying
graciously.
30 I have chosen the way of truth
before me.
31 I have stuck unto thy testimonies
shame.
32 I will run the way of thy commandments, when thou shalt
enlarge my heart.
33 Teach me, O LORD, the way of thy statutes; and I shall keep it
unto the end.
34 Give me understanding, and I shall keep thy law; yea, I shall
observe it with my whole heart.
35 Make me to go in the path of thy commandments; for therein do
I delight.
36 Incline my heart unto thy testimonies, and not to
covetousness.
37 Turn away mine eyes from beholding vanity; and quicken thou me
in thy way.
38 Stablish thy word unto thy servant, who is devoted to thy
fear.
39 Turn away my reproach which I fear
good.
40 Behold, I have longed after thy precepts
righteousness.
41 Let thy mercies come also unto me, O LORD, even thy salvation,
according to thy word.
42 So shall I have wherewith to answer him that reproacheth me
for I trust in thy word.
43 And take not the word of truth utterly out of my mouth; for I
have hoped in thy judgments.
44 So shall I keep thy law continually for ever and ever.
45 And I will walk at liberty
46 I will speak of thy testimonies also before kings, and will
not be ashamed.
47 And I will delight myself in thy commandments, which I have
loved.
48 My hands also will I lift up unto thy commandments, which I
have loved; and I will meditate in thy statutes.
49 Remember the word unto thy servant, upon which thou hast
caused me to hope.
50 This is my comfort in my affliction
quickened me.
51 The proud have had me greatly in derision
declined from thy law.
52 I remembered thy judgments of old, O LORD; and have comforted
myself.
53 Horror hath taken hold upon me because of the wicked that
forsake thy law.
54 Thy statutes have been my songs in the house of my pilgrimage.
55 I have remembered thy name, O LORD, in the night, and have
kept thy law.
56 This I had, because I kept thy precepts.
57 Thou art my portion, O LORD
words.
58 I intreated thy favour with my whole heart
me according to thy word.
59 I thought on my ways, and turned my feet unto thy testimonies.
60 I made haste, and delayed not to keep thy commandments.
61 The bands of the wicked have robbed me
forgotten thy law.
62 At midnight I will rise to give thanks unto thee because of
thy righteous judgments.
63 I am a companion of all them that fear thee, and of them that
keep thy precepts.
64 The earth, O LORD, is full of thy mercy
statutes.
65 Thou hast dealt well with thy servant, O LORD, according unto
thy word.
66 Teach me good judgment and knowledge
commandments.
67 Before I was afflicted I went astray
word.
68 Thou art good, and doest good; teach me thy statutes.
69 The proud have forged a lie against me
precepts with my whole heart.
70 Their heart is as fat as grease; but I delight in thy law.
71 It is good for me that I have been afflicted; that I might
learn thy statutes.
72 The law of thy mouth is better unto me than thousands of gold
and silver.
73 Thy hands have made me and fashioned me
understanding, that I may learn thy commandments.
74 They that fear thee will be glad when they see me; because I
have hoped in thy word.
75 I know, O LORD, that thy judgments are right, and that thou in
faithfulness hast afflicted me.
76 Let, I pray thee, thy merciful kindness be for my comfort,
according to thy word unto thy servant.
77 Let thy tender mercies come unto me, that I may live
law is my delight.
78 Let the proud be ashamed; for they dealt perversely with me
without a cause: but I will meditate in thy precepts.
79 Let those that fear thee turn unto me, and those that have
known thy testimonies.
80 Let my heart be sound in thy statutes; that I be not ashamed.
81 My soul fainteth for thy salvation
82 Mine eyes fail for thy word, saying, When wilt thou comfort
me?
83 For I am become like a bottle in the smoke; yet do I not
forget thy statutes.
84 How many are the days of thy servant? when wilt thou execute
judgment on them that persecute me?
85 The proud have digged pits for me, which are not after thy
law.
86 All thy commandments are faithful
wrongfully; help thou me.
87 They had almost consumed me upon earth; but I forsook not thy
precepts.
88 Quicken me after thy lovingkindness; so shall I keep the
testimony of thy mouth.
89 For ever, O LORD, thy word is settled in heaven.
90 Thy faithfulness is unto all generations
established the earth, and it abideth.
91 They continue this day according to thine ordinances
are thy servants.
92 Unless thy law had been my delights, I should then have
perished in mine affliction.
93 I will never forget thy precepts
quickened me.
94 I am thine, save me
95 The wicked have waited for me to destroy me
consider thy testimonies.
96 I have seen an end of all perfection
exceeding broad.
97 O how I love thy law! it is my meditation all the day.
98 Thou through thy commandments hast made me wiser than mine
enemies: for they are ever with me.
99 I have more understanding than all my teachers
testimonies are my meditation.
100 I understand more than the ancients, because I keep thy
precepts.
101 I have refrained my feet from every evil way, that I might
keep thy word.
102 I have not departed from thy judgments
me.
103 How sweet are thy words unto my taste! yea, sweeter than honey
to my mouth!
104 Through thy precepts I get understanding
every false way.
105 Thy word is a lamp unto my feet, and a light unto my path.
106 I have sworn, and I will perform it, that I will keep thy
righteous judgments.
107 I am afflicted very much
thy word.
108 Accept, I beseech thee, the freewill offerings of my mouth, O
LORD, and teach me thy judgments.
109 My soul is continually in my hand
law.
110 The wicked have laid a snare for me
precepts.
111 Thy testimonies have I taken as an heritage for ever
are the rejoicing of my heart.
112 I have inclined mine heart to perform thy statutes alway, even
unto the end.
113 I hate vain thoughts
114 Thou art my hiding place and my shield
115 Depart from me, ye evildoers
of my God.
116 Uphold me according unto thy word, that I may live
not be ashamed of my hope.
117 Hold thou me up, and I shall be safe
unto thy statutes continually.
118 Thou hast trodden down all them that err from thy statutes
for their deceit is falsehood.
119 Thou puttest away all the wicked of the earth like dross
therefore I love thy testimonies.
120 My flesh trembleth for fear of thee; and I am afraid of thy
judgments.
121 I have done judgment and justice
oppressors.
122 Be surety for thy servant for good
me.
123 Mine eyes fail for thy salvation, and for the word of thy
righteousness.
124 Deal with thy servant according unto thy mercy, and teach me
thy statutes.
125 I am thy servant; give me understanding, that I may know thy
testimonies.
126 It is time for thee, LORD, to work
thy law.
127 Therefore I love thy commandments above gold; yea, above fine
gold.
128 Therefore I esteem all thy precepts concerning all things to
be right; and I hate every false way.
129 Thy testimonies are wonderful
them.
130 The entrance of thy words giveth light; it giveth
understanding unto the simple.
131 I opened my mouth, and panted
commandments.
132 Look thou upon me, and be merciful unto me, as thou usest to
do unto those that love thy name.
133 Order my steps in thy word
dominion over me.
134 Deliver me from the oppression of man
precepts.
135 Make thy face to shine upon thy servant; and teach me thy
statutes.
136 Rivers of waters run down mine eyes, because they keep not thy
law.
137 Righteous art thou, O LORD, and upright are thy judgments.
138 Thy testimonies that thou hast commanded are righteous and
very faithful.
139 My zeal hath consumed me, because mine enemies have forgotten
thy words.
140 Thy word is very pure
141 I am small and despised
142 Thy righteousness is an everlasting righteousness, and thy law
is the truth.
143 Trouble and anguish have taken hold on me
commandments are my delights.
144 The righteousness of thy testimonies is everlasting
understanding, and I shall live.
145 I cried with my whole heart; hear me, O LORD
statutes.
146 I cried unto thee; save me, and I shall keep thy testimonies.
147 I prevented the dawning of the morning, and cried
thy word.
148 Mine eyes prevent the night watches, that I might meditate in
thy word.
149 Hear my voice according unto thy lovingkindness
quicken me according to thy judgment.
150 They draw nigh that follow after mischief
thy law.
151 Thou art near, O LORD; and all thy commandments are truth.
152 Concerning thy testimonies, I have known of old that thou hast
founded them for ever.
153 Consider mine affliction, and deliver me
thy law.
154 Plead my cause, and deliver me
word.
155 Salvation is far from the wicked
statutes.
156 Great are thy tender mercies, O LORD
thy judgments.
157 Many are my persecutors and mine enemies; yet do I not decline
from thy testimonies.
158 I beheld the transgressors, and was grieved; because they kept
not thy word.
159 Consider how I love thy precepts
according to thy lovingkindness.
160 Thy word is true from the beginning
righteous judgments endureth for ever.
161 Princes have persecuted me without a cause
standeth in awe of thy word.
162 I rejoice at thy word, as one that findeth great spoil.
163 I hate and abhor lying
164 Seven times a day do I praise thee because of thy righteous
judgments.
165 Great peace have they which love thy law
offend them.
166 LORD, I have hoped for thy salvation, and done thy
commandments.
167 My soul hath kept thy testimonies; and I love them
exceedingly.
168 I have kept thy precepts and thy testimonies
are before thee.
169 Let my cry come near before thee, O LORD
understanding according to thy word.
170 Let my supplication come before thee
thy word.
171 My lips shall utter praise, when thou hast taught me thy
statutes.
172 My tongue shall speak of thy word
are righteousness.
173 Let thine hand help me; for I have chosen thy precepts.
174 I have longed for thy salvation, O LORD; and thy law is my
delight.
175 Let my soul live, and it shall praise thee; and let thy
judgments help me.
176 I have gone astray like a lost sheep; seek thy servant; for I
do not forget thy commandments.
Monday, November 24, 2008
Rivers of waters run down mine eyes, because they keep not thy law.
Sunday, May 11, 2008
"i'm alive"
FLYLEAF LYRICS
"All Around Me"
My hands are searching for you
My arms are outstretched towards you
I feel you on my fingertips
My tongue dances behind my lips for you
This fire rising through my being
Burning I'm not used to seeing you
I'm alive, I'm alive
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healing
My hands float up above me
And you whisper you love me
And I begin to fade
Into our secret place
The music makes me sway
The angels singing say we are alone with you
I am alone and they are too with you
I'm alive, I'm alive
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healing
And so I cry
The light is white
And I see you
I'm alive, I'm alive, I'm alive
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healing
Take my hand
I give it to you
Now you own me
All I am
You said you would never leave me
I believe you
I believe
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healed
[Thanks to Joey (darklies2@msn.com) for these lyrics]
[Thanks to abba12, Lisa Marie for correcting these lyrics]
[ www.azlyrics.com ]
"All Around Me"
My hands are searching for you
My arms are outstretched towards you
I feel you on my fingertips
My tongue dances behind my lips for you
This fire rising through my being
Burning I'm not used to seeing you
I'm alive, I'm alive
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healing
My hands float up above me
And you whisper you love me
And I begin to fade
Into our secret place
The music makes me sway
The angels singing say we are alone with you
I am alone and they are too with you
I'm alive, I'm alive
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healing
And so I cry
The light is white
And I see you
I'm alive, I'm alive, I'm alive
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healing
Take my hand
I give it to you
Now you own me
All I am
You said you would never leave me
I believe you
I believe
I can feel you all around me
Thickening the air I'm breathing
Holding on to what I'm feeling
Savoring this heart that's healed
[Thanks to Joey (darklies2@msn.com) for these lyrics]
[Thanks to abba12, Lisa Marie for correcting these lyrics]
[ www.azlyrics.com ]
Monday, May 05, 2008
A Few Words on Independence Day
A Few Words on Independence Day
Noam Chomsky
Covert Action Quarterly, 1995
... Independence Day was designed by the first state propaganda agency, Woodrow Wilson's Committee on Public Information (CPI), created during World War I to whip a pacifist country into anti-German frenzy and, incidentally, to beat down the threat of labor which frightened respectable people after such events as the IWW (Industrial Workers of the World) victory in the Lawrence, Mass., strike of 1912. The CPI's successes greatly impressed the business world; one of its members, Edward Bernays, became the leading figure in the vastly expanding public relations industry. Also much impressed was Adolf Hitler, who attributed Germany's failure in World War I to the ideological victories of the British and U.S. propaganda agencies, which overwhelmed Germany's efforts. Next time, Germany would be in the competition, he vowed. The influence of the great generalissimo on the propaganda front, as Wilson was described by political scientist Harold Lasswell, was not slight. Independence Day was one contribution.
This particular propaganda exercise began with business-government initiatives to Americanize immigrants, to inculcate loyalty and obedience and expel from their minds alien notions about the rights of working people. Such programs would turn immigrants into the natural foe of the IWW and other destructive forces that undermine the country's ideals and institutions, the CPI founding document read. At a major conference of civic organizations (organized labor excluded), government and private organizations of all kinds and creeds had pledged themselves to cooperate in carrying out Americanization as a national endeavor, the organizers reported, while issuing plans for a successful Americanization program for the coming Fourth of July. The CPI took up the cudgels, now using the wartime fanaticism it had helped engender as another weapon against pacifists, agitators and other anti-American groups, notably the hated Wobblies. The Generalissimo joined in with a May 1918 endorsement. The title of the indoctrination ceremonies was to be Americanization Day; on reflection, Independence Day seemed preferable.
Labor leaders were aware of what was happening. A United Mine Workers (UMW) official objected that the business-government project was
attempting to set up a paternalism that will bring the workers of this country even more absolutely under the control of the employers, ... strengthening the chain of industrial tyranny in this country. ... [That is what lies behind these efforts] to sanctify and confirm oppression by waving the American flag in the face of its victims and by insidiously stigmatizing as unpatriotic any attempts they may make to throw off the yoke of the exploiting interests [that the organizers] represent.
But labor could not compete with state-corporate power, and lost this battle just as it failed to save May Day. (A jingoist holiday in the U.S., it is celebrated elsewhere as a labor festival which was begun in solidarity with the struggles of brutalized American workers.) ...
chomsky.info
Noam Chomsky
Covert Action Quarterly, 1995
... Independence Day was designed by the first state propaganda agency, Woodrow Wilson's Committee on Public Information (CPI), created during World War I to whip a pacifist country into anti-German frenzy and, incidentally, to beat down the threat of labor which frightened respectable people after such events as the IWW (Industrial Workers of the World) victory in the Lawrence, Mass., strike of 1912. The CPI's successes greatly impressed the business world; one of its members, Edward Bernays, became the leading figure in the vastly expanding public relations industry. Also much impressed was Adolf Hitler, who attributed Germany's failure in World War I to the ideological victories of the British and U.S. propaganda agencies, which overwhelmed Germany's efforts. Next time, Germany would be in the competition, he vowed. The influence of the great generalissimo on the propaganda front, as Wilson was described by political scientist Harold Lasswell, was not slight. Independence Day was one contribution.
This particular propaganda exercise began with business-government initiatives to Americanize immigrants, to inculcate loyalty and obedience and expel from their minds alien notions about the rights of working people. Such programs would turn immigrants into the natural foe of the IWW and other destructive forces that undermine the country's ideals and institutions, the CPI founding document read. At a major conference of civic organizations (organized labor excluded), government and private organizations of all kinds and creeds had pledged themselves to cooperate in carrying out Americanization as a national endeavor, the organizers reported, while issuing plans for a successful Americanization program for the coming Fourth of July. The CPI took up the cudgels, now using the wartime fanaticism it had helped engender as another weapon against pacifists, agitators and other anti-American groups, notably the hated Wobblies. The Generalissimo joined in with a May 1918 endorsement. The title of the indoctrination ceremonies was to be Americanization Day; on reflection, Independence Day seemed preferable.
Labor leaders were aware of what was happening. A United Mine Workers (UMW) official objected that the business-government project was
attempting to set up a paternalism that will bring the workers of this country even more absolutely under the control of the employers, ... strengthening the chain of industrial tyranny in this country. ... [That is what lies behind these efforts] to sanctify and confirm oppression by waving the American flag in the face of its victims and by insidiously stigmatizing as unpatriotic any attempts they may make to throw off the yoke of the exploiting interests [that the organizers] represent.
But labor could not compete with state-corporate power, and lost this battle just as it failed to save May Day. (A jingoist holiday in the U.S., it is celebrated elsewhere as a labor festival which was begun in solidarity with the struggles of brutalized American workers.) ...
chomsky.info
Tuesday, April 01, 2008
LAW SCHOOL IN SOUTH TEXAS
LAW SCHOOL IN SOUTH TEXAS
Posted on March 29, 2008 at 07:22:15 PM by El Javelina
I am about to provide you information that is not well known to our current legislators. This information is hard won through tedious and meticulous research that would tire even a so called mega attorney. The information was gained through will and passion. It was gained because I really care about this issue and the future of the South Texas area.
1. Land, a worthy structure, and finances were once bequeathed (willed) by a King Ranch blood heir to the creation of a law school in Corpus Christi. This information can be discovered through a deed search at the Nueces County Clerk's Office. One can find this out using the various names of past deceased King Ranch family members.
2. The conveyance stipulated that the property be used to create a law school for the Texas A&M University System.
3. Texas Tech University School of Law was stopped from putting a satellite law school in South Texas because of political oppresors giving biased testimony at a State hearing concerning this issue.
4. Texas A&M Univeristy has had everything they needed to make this happen for years and sat on it.
5. Texas Tech University is currently willling to put a law school in Corpus Christi Texas as soon as possible, but is hindered by lack of coordination, political support, and interference from the University of Texas and the Texas A&M System.
6. Let it be known now, before anyone else can jump on the bandwagon and take credit to sustain ill-guided egotistical aspirations, that a law school is within reach. All that is needed now is cooperation.
http://annkenedyfernandezschooloflaw.blogspot.com/
http://b4.boards2go.com/boards/board.cgi?action=read&id=1206836535&user=defensornews
The old Court House building is not a viable spot according to reports. That whole campain to put a law school there was not realistic. However, the King Ranch grant is a substantially more effective solutions.
Details and specifics coming later. You heard it here first.
Posted on March 29, 2008 at 07:22:15 PM by El Javelina
I am about to provide you information that is not well known to our current legislators. This information is hard won through tedious and meticulous research that would tire even a so called mega attorney. The information was gained through will and passion. It was gained because I really care about this issue and the future of the South Texas area.
1. Land, a worthy structure, and finances were once bequeathed (willed) by a King Ranch blood heir to the creation of a law school in Corpus Christi. This information can be discovered through a deed search at the Nueces County Clerk's Office. One can find this out using the various names of past deceased King Ranch family members.
2. The conveyance stipulated that the property be used to create a law school for the Texas A&M University System.
3. Texas Tech University School of Law was stopped from putting a satellite law school in South Texas because of political oppresors giving biased testimony at a State hearing concerning this issue.
4. Texas A&M Univeristy has had everything they needed to make this happen for years and sat on it.
5. Texas Tech University is currently willling to put a law school in Corpus Christi Texas as soon as possible, but is hindered by lack of coordination, political support, and interference from the University of Texas and the Texas A&M System.
6. Let it be known now, before anyone else can jump on the bandwagon and take credit to sustain ill-guided egotistical aspirations, that a law school is within reach. All that is needed now is cooperation.
http://annkenedyfernandezschooloflaw.blogspot.com/
http://b4.boards2go.com/boards/board.cgi?action=read&id=1206836535&user=defensornews
The old Court House building is not a viable spot according to reports. That whole campain to put a law school there was not realistic. However, the King Ranch grant is a substantially more effective solutions.
Details and specifics coming later. You heard it here first.
Sunday, February 24, 2008
A party cannot by his own conduct confer jurisdiction on a court
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Page 1
IN THE SUPREME COURT OF TEXAS
444444444444
N
O
. 00-0847
444444444444
W
ILMER
-H
UTCHINS
I
NDEPENDENT
S
CHOOL
D
ISTRICT
, P
ETITIONER
v.
J
OYCE
E. SULLIVAN
, RESPONDENT
4444444444444444444444444444444444444444444444444444
O
N
PETITION FOR
REVIEW FROM THE
C
OURT OF
A
PPEALS FOR THE
FIFTH
DISTRICT OF
TEXAS
4444444444444444444444444444444444444444444444444444
PER CURIAM
The issue here is whether the trial court has jurisdiction over this suit for retaliatory discharge
despite the plaintiff’s failure to exhaust her administrative remedies whenthe defendant did not tell her such
remedies existed. The trial court concluded that it lacked jurisdiction and dismissed the case. The court
of appeals reversed and remanded, holding that jurisdiction must be determined solely on the plaintiff’s
pleadings. ___ S.W.3d ___ (Tex. App.—Dallas 2000). We agree with the trial court.
Joyce Sullivan received workers’ compensation benefits for an injury she sustained while working
as a custodian for the Wilmer-Hutchins Independent School District. Ten months later, when her physician
released her to return to work, the District told her that she had been terminated as part of a reduction in
personnel for budget reasons. Believing that she had been terminated for filing a compensation claim, she
contacted the District’s attorney, who told Sullivan that she could not help her. The attorney did not inform
Page 2
2
Sullivan of the District’s grievance procedures or suggest that she seek legal counsel.
Sullivan sued the District for retaliatory discharge. The District filed a plea to the jurisdiction on
the ground that Sullivan had not exhausted her administrative remedies. The trial court sustained the plea
and dismissedthe case. The court of appeals reversed and remanded, holding that Sullivan’s pleading that
she had exhausted her administrative remedies was conclusive, despite unchallenged evidence to the
contrary, absent an allegation by the District that the pleading was fraudulentlymade to confer jurisdiction
on the court when none existed. ___ S.W.3d at ___.
The court of appeals based its holding on its prior decision in Bland Independent School District
v. Blue, 989 S.W.2d 441 (Tex. App.—Dallas 1999), which we have since reversed, 34 S.W.3d 547
(Tex. 2000). Sullivan concedes,as she must,that the court of appeals’ opinion conflicts with our decision
in BlandISD, but she contends that the court of appeals’ decision to reverse the dismis salofthe case was
correct.
Sullivan admits that she did not exhaust her administrative remedies and acknowledges that
exhaustion of remedies is a prerequisite to the trial court’s jurisdiction ina case like this involving disputed
fact issues. See Texas Educ. Agency v. Cypress-Fairbanks Indep. Sch. Dist., 830 S.W.2d 88, 90 (Tex.
1992); Mission Indep. Sch. Dist. v. Diserens, 188 S.W.2d 568, 570 (Tex. 1945). But she argues that
the District should be estopped from asserting a lack of jurisdiction by its attorney’s conduct.
Asa general rule,a court cannot acquire subject-matter jurisdiction by estoppel. Nevitt v. Wilson,
285 S.W. 1079, 1084 (Tex. 1926); see also Southern SuretyCo. v. Inabnit, 24 S.W.2d 375, 377 (Tex.
Comm’n App. 1930, opinion adopted) (holding that an agency may not acquirejurisdiction by estoppel).
Page 3
3
The rule hasbeen applied in three cases involving circumstances very similar to those in the present case.
InDanielv.DallasIndependent School District, 351 S.W.2d 356 (Tex. App.—ElPaso1961,writref’d
n.r.e.),a school custodian alleged that he had been wrongfully terminated because of his membership in a
union. The plaintiff argued that the school district was estopped to assert a lack of jurisdiction for failure
to exhaust administrative remedies because the school board and superintendent had told him after his
termination that“there was nothing more for him to do, and that as far as they were concerned the matter
was concluded”. Id. at 358. The court rejected the argument, stating that “jurisdiction of a court is so
important and essential that it has long been held that it cannot be conferred by estoppel. Itis a statutory
creation or enactment, and cannot be waived or conferred by consent or estoppel . . . .” Id. at 359.
InWashington v. Tyler Independent School District,932S.W.2d686(Tex.App.—Tyler1996,
no writ), the plaintiff alleged that the school district had terminated herforseeking compensation benefits.
She argued that the district was estopped to assert a lack of jurisdiction forfailureto exhaust administrative
remedies because its representatives had failed to advise her of this prerequisite to filing suit. Id. at 689.
Citing Daniel, the court concluded that even if the plaintiff could prove facts amounting to estoppel,
jurisdiction could not thereby be conferred on the trial court. Id. at 690.
In Janik v. Lamar Consolidated Independent School District, 961 S.W.2d 322 (Tex. App.—
Houston[1stDist.]1997, pet. denied),the plaintiff alleged that she had been terminated for discriminatory
reasons. She claimed that the district had never told her of the administrative procedures that were
prerequisite to suit. Id. at 324. Citing Washington, the court held that the trial could not acquire
jurisdiction by estoppel. Id.
Page 4
4
Sullivandoes not attempt to distinguish Daniel,Washington,and Janik but argues simply thatthey
were wrongly decided. We disagree. A party cannot by his own conduct confer jurisdiction on a court
when none exists otherwise. Even if the District misled Sullivan as she claims, her failure to exhaust her
administrative remedies is fatal to her action.
Accordingly, the Court grants the District’s petition for review and,without hearing oral argument,
reverses the judgment of the court of appeals and dismisses the case for want of jurisdiction. T
EX
. R. A
PP
.
P. 59.1.
Opinion delivered: June 21, 2001
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Page 1
IN THE SUPREME COURT OF TEXAS
444444444444
N
O
. 00-0847
444444444444
W
ILMER
-H
UTCHINS
I
NDEPENDENT
S
CHOOL
D
ISTRICT
, P
ETITIONER
v.
J
OYCE
E. SULLIVAN
, RESPONDENT
4444444444444444444444444444444444444444444444444444
O
N
PETITION FOR
REVIEW FROM THE
C
OURT OF
A
PPEALS FOR THE
FIFTH
DISTRICT OF
TEXAS
4444444444444444444444444444444444444444444444444444
PER CURIAM
The issue here is whether the trial court has jurisdiction over this suit for retaliatory discharge
despite the plaintiff’s failure to exhaust her administrative remedies whenthe defendant did not tell her such
remedies existed. The trial court concluded that it lacked jurisdiction and dismissed the case. The court
of appeals reversed and remanded, holding that jurisdiction must be determined solely on the plaintiff’s
pleadings. ___ S.W.3d ___ (Tex. App.—Dallas 2000). We agree with the trial court.
Joyce Sullivan received workers’ compensation benefits for an injury she sustained while working
as a custodian for the Wilmer-Hutchins Independent School District. Ten months later, when her physician
released her to return to work, the District told her that she had been terminated as part of a reduction in
personnel for budget reasons. Believing that she had been terminated for filing a compensation claim, she
contacted the District’s attorney, who told Sullivan that she could not help her. The attorney did not inform
Page 2
2
Sullivan of the District’s grievance procedures or suggest that she seek legal counsel.
Sullivan sued the District for retaliatory discharge. The District filed a plea to the jurisdiction on
the ground that Sullivan had not exhausted her administrative remedies. The trial court sustained the plea
and dismissedthe case. The court of appeals reversed and remanded, holding that Sullivan’s pleading that
she had exhausted her administrative remedies was conclusive, despite unchallenged evidence to the
contrary, absent an allegation by the District that the pleading was fraudulentlymade to confer jurisdiction
on the court when none existed. ___ S.W.3d at ___.
The court of appeals based its holding on its prior decision in Bland Independent School District
v. Blue, 989 S.W.2d 441 (Tex. App.—Dallas 1999), which we have since reversed, 34 S.W.3d 547
(Tex. 2000). Sullivan concedes,as she must,that the court of appeals’ opinion conflicts with our decision
in BlandISD, but she contends that the court of appeals’ decision to reverse the dismis salofthe case was
correct.
Sullivan admits that she did not exhaust her administrative remedies and acknowledges that
exhaustion of remedies is a prerequisite to the trial court’s jurisdiction ina case like this involving disputed
fact issues. See Texas Educ. Agency v. Cypress-Fairbanks Indep. Sch. Dist., 830 S.W.2d 88, 90 (Tex.
1992); Mission Indep. Sch. Dist. v. Diserens, 188 S.W.2d 568, 570 (Tex. 1945). But she argues that
the District should be estopped from asserting a lack of jurisdiction by its attorney’s conduct.
Asa general rule,a court cannot acquire subject-matter jurisdiction by estoppel. Nevitt v. Wilson,
285 S.W. 1079, 1084 (Tex. 1926); see also Southern SuretyCo. v. Inabnit, 24 S.W.2d 375, 377 (Tex.
Comm’n App. 1930, opinion adopted) (holding that an agency may not acquirejurisdiction by estoppel).
Page 3
3
The rule hasbeen applied in three cases involving circumstances very similar to those in the present case.
InDanielv.DallasIndependent School District, 351 S.W.2d 356 (Tex. App.—ElPaso1961,writref’d
n.r.e.),a school custodian alleged that he had been wrongfully terminated because of his membership in a
union. The plaintiff argued that the school district was estopped to assert a lack of jurisdiction for failure
to exhaust administrative remedies because the school board and superintendent had told him after his
termination that“there was nothing more for him to do, and that as far as they were concerned the matter
was concluded”. Id. at 358. The court rejected the argument, stating that “jurisdiction of a court is so
important and essential that it has long been held that it cannot be conferred by estoppel. Itis a statutory
creation or enactment, and cannot be waived or conferred by consent or estoppel . . . .” Id. at 359.
InWashington v. Tyler Independent School District,932S.W.2d686(Tex.App.—Tyler1996,
no writ), the plaintiff alleged that the school district had terminated herforseeking compensation benefits.
She argued that the district was estopped to assert a lack of jurisdiction forfailureto exhaust administrative
remedies because its representatives had failed to advise her of this prerequisite to filing suit. Id. at 689.
Citing Daniel, the court concluded that even if the plaintiff could prove facts amounting to estoppel,
jurisdiction could not thereby be conferred on the trial court. Id. at 690.
In Janik v. Lamar Consolidated Independent School District, 961 S.W.2d 322 (Tex. App.—
Houston[1stDist.]1997, pet. denied),the plaintiff alleged that she had been terminated for discriminatory
reasons. She claimed that the district had never told her of the administrative procedures that were
prerequisite to suit. Id. at 324. Citing Washington, the court held that the trial could not acquire
jurisdiction by estoppel. Id.
Page 4
4
Sullivandoes not attempt to distinguish Daniel,Washington,and Janik but argues simply thatthey
were wrongly decided. We disagree. A party cannot by his own conduct confer jurisdiction on a court
when none exists otherwise. Even if the District misled Sullivan as she claims, her failure to exhaust her
administrative remedies is fatal to her action.
Accordingly, the Court grants the District’s petition for review and,without hearing oral argument,
reverses the judgment of the court of appeals and dismisses the case for want of jurisdiction. T
EX
. R. A
PP
.
P. 59.1.
Opinion delivered: June 21, 2001
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