¶1concurring.
¶2While I agree that the judgment below cannot stand because of inadequate notice, I cannot agree that such conclusion justifies a refusal to consider the point properly raised here by appellant that the trial court lacked jurisdiction of the subject matter of this suit. If appellant is correct, the proper order in this case would be one reversing the judgment below and dismissing appel-lees’ suit, rather than one reversing and remanding for trial on the merits. It is reasonably foreseeable that the question of jurisdiction will be raised again at the second trial. See Rule 451, Tex.R.Civ.P.