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SMITH v. LUTZ

No. 03-04-00074-CV.

149 S.W.3d 752 (2004)

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.

Court of Appeals of Texas, Austin.

June 10, 2004.

Attorney(s) appearing for the Case

Randall D. Terrell, Starbird & Terrell, LLP, Austin, for Appellant.

Jeffrey M. Graham, Asst. Atty. Gen., Austin, for Appellees.

Before Justices KIDD, B.A. SMITH and PEMBERTON.

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 30, 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...

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