Arturo Castro and Judith Sanders-Castro as next friend of Laura Castro v. Northside Independent School District, Dr. John Folks, Superintendent and Larry Martin, Principal of Sandra Day O'Connor High School--Appeal from 408th Judicial District Court of Bexar County

DISSENTING OPINION

No. 04-04-00836-CV

Arturo CASTRO and Judith Saunders-Castro, as next friend of Laura Castro,

Appellants

v.

NORTHSIDE INDEPENDENT SCHOOL DISTRICT, Dr. John Folks, Superintendent,

and Larry Martin, Principal of Sandra Day O Connor High School,

Appellees

From the 408th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-08301

Honorable Pat Boone, Judge Presiding

Order by: Sandee Bryan Marion, Justice

Dissenting opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: January 26, 2005

The trial judge who presided over the underlying lawsuit has filed a motion to dismiss this appeal for lack of jurisdiction. The majority s order denies the motion. Because I believe the motion should be dismissed for lack of jurisdiction, I respectfully dissent.

In order for this court to have jurisdiction to rule on the trial judge s motion, the trial judge must have standing. In order to have standing, the trial judge must show that he has a personal stake in the controversy or is personally aggrieved. Nootsie, Ltd. v. Williamson County Appraisal Dist., 925 S.W.2d 659, 661 (Tex. 1996); In re B.I.V., 923 S.W.2d 573, 574 (Tex. 1996). Because the trial judge cannot make such a showing, his motion should be dismissed for lack of jurisdiction. See Kenseth v. Dallas County, 126 S.W.3d 584, 594 (Tex. App. Dallas 2004, pet. denied) (dismissing portion of appeal relating to order about which appellant lacked standing to complain); Myer v. Cuevas, 119 S.W.3d 830, 836 (Tex. App. San Antonio 2003, no pet.) (noting dismissal proper where party lacks standing).

Alma L. L pez, Chief Justice