Ex Parte Bac Home Loans Servicing, Lp. (in Re Bessie T. Sturdivant v. Bac Home Loans Servicing, Lp) Ronald C…

Summary

The court held that an ejectment plaintiff's inability to prove legal title or a right to possession is a failure of proof on the cause of action, not a lack of standing or subject-matter jurisdiction. It therefore reversed and remanded the appellate judgment in case no. 1110373 and affirmed the trial court's judgment in case no. 1110458. Justice Main, concurring in the result, would have avoided the discussion of standing in public- and private-law cases, and Justice Bryan concurred in the result only as to case no. 1110458 because he recused himself from the other case.