concurring.
I concur in the majority opinion but for different reasons. Holly Henderson appeals on the basis that the trial court erred in sustaining Stuart Henderson’s special appearance. The latter, in my estimation, questions the trial court’s ability to exercise personal jurisdiction over the defendant. It does not implicate subject matter jurisdiction for the two concepts are distinct. Simply put, the former involves the court’s ability to require Stuart to defend himself in Texas while the latter pertains to the court’s ability to adjudicate the particular claim. So, if the trial court had personal jurisdiction over Stuart for purposes of determining custody, as the majority holds (and to which I agree), then the Texas courts have authority to require him to defend in Texas with regard to all matters. To that extent, I disagree with the majority’s determination that the court properly sustained the special appearance as it related to the matters of child support. Again, if Stuart has minimum contacts with Texas, and requiring him to defend here does not offend traditional notions of fair play for one part of the dispute, it does not for the other.
However, I agree that the court which initially addressed the matter of child support has exclusive continuing jurisdiction over that topic as per section 159.205(a) of the Texas Family Code. Link v. Alvarado, 929 S.W.2d 674, 676-77 (Tex.App.—San Antonio 1996, writ dism’d w.o.j.). Thus, the trial court below lacked authority to adjudicate the claim itself. In other words, it lacked subject matter jurisdiction over that aspect of the dispute. So, I would dismiss that portion of Holly’s suit not on the basis of personal jurisdiction (that is, uphold Stuart’s special appearance) but rather dismiss on the basis of a want of subject matter jurisdiction. Though the result I select is the same as that of the majority, the procedure I use (and believe to be binding) is not.