With no explanation, chose the best option from "A", "B", "C" or "D". publication should be construed as a whole in light of the surrounding circumstances based upon how a person of ordinary intelligence would perceive it.” Turner v. KTRK Televis he issue to avoid waiver. It is well established in Texas law that “an appellate court cannot reverse a trial court’s judgment absent properly assigned error.” Pat Baker Co., Inc. v. Wilson, 971 S.W.2d 447, 450 (Tex.1998); accord Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex.1990); San Jacinto River Authority v. Duke, 783 S.W.2d 209, 210 (Tex.1990). An exception to this rule is that an appellate court can consider matters concerning the trial court’s subject-matter jurisdiction sua sponte. Volume Millwork, Inc. v. W. Hous. Airport Corp., 218 S.W.3d 722, 726 (Tex.App.-Houston [1st Dist.] 2006, pet. denied) (<HOLDING>). We have already recognized that a claim of

A: holding that lack of appellate jurisdiction is fundamental error
B: holding that a district court has the discretion to raise a  2254 timeliness consideration sua sponte
C: holding that even where subjectmatter jurisdiction may go unchallenged on appeal we have an obligation to inquire sua sponte into our jurisdiction over the matter
D: holding lack of subjectmatter jurisdiction is fundamental error that this court may properly raise and recognize sua sponte
D.