Plea to the Jurisdiction – The proper direct attack for want of subject matter jurisdiction is a “plea to the jurisdiction,” not a “motion to dismiss” as in federal court. A motion for summary judgment may also be used to raise a lack of subject matter jurisdiction. Plaintiff can appeal from a trial court’s determination of lack of subject matter jurisdiction and the resultant dismissal and, if successful, the appellate court will remand for a full trial. If however, the tiral court erroneously asserts jurisdiction, defendant’s only remedy is an appeal after final judgment.
No waiver – Subject matter jurisdiction cannot be waived. It can be raised on the first time in appeal. A court without jurisdiction may not transfer the case, but can only dismiss so that the case can be refiled. Subject matter jurisdiction is not limited to the amount in controversy. A court lacks SMJ when the plaintiff lacks standing, when the suit is not yet rip for decision, and when the defendant is immune from suit.