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
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 holding that lack of appellate jurisdiction is fundamental error holding that a district court has the discretion to raise a  2254 timeliness consideration sua sponte holding lack of subjectmatter jurisdiction is fundamental error that this court may properly raise and recognize sua sponte holding that the court can raise res judicata sua sponte even on appeal