Legal Opinion
Harris County Flood Control District v. Great American Insurance Co.
Texas Court of Appeals, 14th District (Houston)
Decided December 15, 2011No. 14-10-01040-CVPublishedCited by 9 opinions
1Opinion of the Court
OPINION
KEM THOMPSON FROST, Justice.
A county flood control district brings this interlocutory appeal from the trial court’s denial of its plea to the jurisdiction in a suit brought by a performance-bond surety. We conclude that the Texas Legislature has waived the district’s immunity from suit as to (1) the surety’s claim for *739breach of a purchase order and (2) the surety’s claims for equitable subrogation and waste based upon breach of the performance-bond principal’s contract. Because governmental immunity bars the equitable-subrogation and waste claims that are not based upon breach of this…
2Cases cited22 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Bland Independent School District v. BlueTexas Supreme Court · 2000
- County of Cameron v. BrownTexas Supreme Court · 2002
- Texas Department of Transportation v. JonesTexas Supreme Court · 1999
- Tooke v. City of MexiaTexas Supreme Court · 2006
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ann Rosenberg v. KIPP, Inc.Court of Appeals of Texas · 2015
- Southwestern Bell Telephone, L.P. v. EmmettCourt of Appeals of Texas · 2013
- Azleway Charter School v. HogueCourt of Appeals of Texas · 2016
- Ann Rosenberg v. KIPP, Inc.Court of Appeals of Texas · 2015
- Harris County Flood Control District v. Great American Insurance Co., Texas Court of Appeals, 14th District (Houston)2011
4 more not listed; retrieve them via the Exa API.