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

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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

O P I N I O N

Appellant, Dr. Joseph Smith, asks this Court to resurrect the Awaiver by conduct@exception to sovereign immunity for contracts executed before August 30, 1999. Because waiver by conduct has been effectively…