TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00314-CV

Kathleen Hagan n/k/a Kathleen Horne, Appellant

v.

David Pauszek, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. GN102404, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING

PER CURIAM

Having reviewed the record, the Court on its own motion raises the issue of David Pauszek's standing in this matter. Standing is implicit in the concept of subject-matter jurisdiction and may be raised at any time by the parties or the Court. See Texas Ass'n of Business v. Texas Air Control Board, 852 S.W.2d 440, 445-46 (Tex. 1993).

Accordingly, we request that the parties file a supplemental brief addressing the issue of subject-matter jurisdiction. The briefs should specifically address whether David Pauszek has standing to enforce the Temporary Water Agreement entered into by Shelley Pauszek and Kathleen Hagan. The appellant's supplemental brief shall be filed no later than December 30, 2004, and the appellee's response shall be filed no later than January 14, 2005.

It is ordered December 3, 2004.

Before Chief Justice Law, Justices B. A. Smith and Puryear

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