Dr. Joseph Smith v. Ms. Sharon Lutz, in Her Official Capacity Mr. Don Lahey, in His Official Capacity The University of Texas at Austin and Mr./Ms. John Doe

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00074-CV Dr. Joseph Smith, Appellant v. Ms. Sharon Lutz, in her official capacity; Mr. Don Lahey, in his official capacity; The University of Texas at Austin and Mr./Ms. John Doe, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT NO. GN204289, HONORABLE SUZANNE COVINGTON, JUDGE PRESIDING OPINION Appellant, Dr. Joseph Smith, asks this Court to resurrect the “waiver by conduct” exception to sovereign immunity for contracts executed before August 30, 1999. Because waiver by conduct has been effectively rejected…