Legal Opinion · Concurring in part, dissenting in part

Texas Southern University v. State Street Bank & Trust Co.

Texas Court of Appeals, 1st District (Houston)

Decided January 11, 2007No. 01-05-00758-CVPublished

1Concurring in part, dissenting in partEvelyn V. Keyes, Justice

I withdraw my concurring and dissenting opinion issued June 8, 2006 and substitute this opinion in its stead. To the ex*912tent this case may be properly construed as a breach of contract action on a valid contract, I join the opinion of the Court and urge the Supreme Court of Texas to adopt the waiver-by-conduct exception to sovereign immunity from suit adopted by most other states. See Federal Sign v. Tex. S. Univ., 951 S.W.2d 401, 419-20 (Tex.1997) (Enoch, J., dissenting). However, I do not think it is necessary to reach the issue of waiver of sovereign immunity because I believe that…

2Cases cited22 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  3. County of Cameron v. BrownTexas Supreme Court · 2002
  4. Federal Sign v. Texas Southern UniversityTexas Supreme Court · 1997
  5. General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001

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