United States Court of Appeals
F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT November 18, 2004
See Johnson v. Sawyer, 120 F.3d 1307, 1316 (5th Cir. 1997)
(explaining that this court can affirm a summary judgment on
a district court on a ground it did not rely upon. Reversing on an unrelied-upon basis deprives the district court of the opportunity to squarely address the issue and to develop a more complete record on the disputed matter. For that reason, this court REMANDS this case to the district court for consideration of this argument. Because the Texas AGâ€™s remaining arguments rely on fact questions over which this court lacks jurisdiction, the court DISMISSES the appeal to the extent that the appeal is based on those fact questions. APPEAL DISMISSED; CASE REMANDED. grounds not relied on by the district court if those grounds were asserted in that court by the movant).