pleading or motion.’ ” Exito Elecs. v. Trejo, 142 S.W.3d 302, 305 (Tex.2004) (per curiam) (explaining that a party does not waive a special appearance by first filing a Rule 11 agreement because the latter is not a “plea, pleading, or motion”). “Courts cannot ignore the plain meaning of the Texas Rules of Civil Procedure, which have the same effect as statutes, and must construe the rules to ensure a fair and equitable adj efore the trial court heard and ruled on the special appearance. Cf. Tex.R. Civ. P. 120a(2) (“Any motion to challenge the jurisdiction provided for herein shall be heard and determined before a motion to transfer venue or any other plea or pleading may be heard.”) (emphasis added); Xenos Yuen v. Fisher, 227 S.W.3d 193, 199 (Tex.App.-Houston [1st Dist.] 2007, no pet.) (<HOLDING>). C. Absence of Briefing Waiver Finally, the
holding that party sought affirmative relief by filing motion to dismiss and violated dueorderofhearing requirement by having motion to dismiss and motion to reconsider dismissal heard before special appearance holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance holding that the defendant did not waive his special appearanee by filing a motion for sanctions that was made subject to and in the alternative to his special appearance and where the motion for sanctions was not heard or ruled upon holding that party waived special appearance holding that defendant did not waive special appearance