dissenting from the denial of the petition for review.

For reasons explained in my concurrence today in Roccaforte v. Jefferson County, 1 I respectfully dissent from the Court’s denial of Nueces County’s petition for review.

My view in Roccaforte is that Jefferson County effectively waived Roccaforte’s noncompliance with the mandatory post-suit notice requirements of Local Government Code Section 89.0041 by failing to raise it “as soon as possible.” 2 As we have stated, “The failure of a non-jurisdictional requirement mandated by statute may result in the loss of a claim, but that failure must be timely asserted and compliance can be waived.” 3 In Roccaforte, Jefferson County litigated for two-plus years before asserting defective notice, raising it only after limitations had expired. In this case, however, Nueces County immediately objected to Balleste-ros’s noncompliance in both its plea to the jurisdiction and its motion to dismiss. 4 Accordingly, I believe Nueces County was entitled to mandatory dismissal under Section 89.0041(c). 5