¶1dissenting and concurring.
¶2The appeUants have never argued to any court at any time the distinction that the majority makes regarding the proper procedure by which their claims have been addressed. The appellants’ third issue argues that the trial court erred in granting the plea to the jurisdiction. EssentiaUy they are arguing that a plea to the jurisdiction is not the proper procedural vehicle for disposition of this case because immunity, they believe, does not deprive the trial court of jurisdiction. They draw no distinction between the defendant that is a governmental subdivision and the individual defendants. Their argument is not based upon the differing status of the various defendants. We should not make this argument for them. We should not reverse judgments based on arguments not made by the parties unless it relates to our lack of jurisdiction. See Allright v. Pearson, 735 S.W.2d 240 (Tex.1987)(per curiam); Cotton v. Cotton, 57 S.W.3d 506, 509 (Tex.App.-Waco 2001, no pet.). Accordingly, I respectfully dissent from the portion of the judgment that reverses and remands the claims of the individual defendants and concur in the remainder of the judgment.