IN THE

TENTH COURT OF APPEALS

No. 10-04-00045-CV

The City of Waco,

                                                                      Appellant

 v.

David Wright and Janet Key, Individually and as Representatives of the Estate of David Wright, Jr., Deceased, and the Estate of Christopher Antonio Wright, Deceased,

                                                                      Appellee

From the 74th District Court

McLennan County, Texas

Trial Court # 2003-1168-3

          Upon review of the arguments made in the City of Waco’s motion for rehearing, I believe we should examine more closely whether the only allegations that would give the trial court jurisdiction, those regarding pre-1970 negligent construction, are sufficient.  If the allegations are nothing more than a recitation of the requirements for a claim, is that recitation adequate for the conferral of jurisdiction, or must there actually be a fact, some reference to what would be evidence, that must be alleged?  Of course, this appeal is not here on a no-evidence motion for summary judgment; but must there be more than a naked recitation of an allegation that gives the trial court jurisdiction?  With a view to more fully addressing the allegations and the arguments in the motion for rehearing, I would request a response.  I dissent to the failure to do so.

                                                                   TOM GRAY

                                                                   Chief Justice

Dissenting opinion delivered and filed January 5, 2005