Legal Opinion
Smith v. Lutz
Texas Court of Appeals, 3rd District (Austin)
Decided June 10, 2004No. 03-04-00074-CVPublishedCited by 33 opinions
1Opinion of the Court
OPINION
BEA ANN SMITH, Justice.
Appellant, Dr. Joseph Smith, asks this Court to resurrect the “waiver by conduct” exception to sovereign immunity for contracts executed before August 80, 1999. Because waiver by conduct has been effectively rejected by the supreme court even in those circumstances, we affirm the trial court’s grant of the plea to the jurisdiction.
BACKGROUND
In March 1999, Smith entered into a contract with the University of Texas (the University) 1 to design and implement a computer database and interface system to be used by the business school’s career center to assist…
2Cases cited35 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Texas Ass'n of Business v. Texas Air Control BoardTexas Supreme Court · 1993
- Bland Independent School District v. BlueTexas Supreme Court · 2000
- Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
- Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
30 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Texas a & M University System v. KoseogluTexas Supreme Court · 2007
- City of New Braunfels, Texas v. Carowest Land, Ltd., Texas Court of Appeals, 3rd District (Austin)2014
- Employees Retirement System of Texas v. Putnam, LLC, Texas Court of Appeals, 3rd District (Austin)2009
- City of Dallas v. VSC, LLC, Texas Court of Appeals, 5th District (Dallas)2008
- Texas a & M University System v. Koseoglu, Texas Court of Appeals, 10th District (Waco)2005
28 more not listed; retrieve them via the Exa API.