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LONGVIEW INDEPENDENT SCHOOL v. VIBRA-WHIRL

No. 06-05-00038-CV.

169 S.W.3d 511 (2005)

LONGVIEW INDEPENDENT SCHOOL DISTRICT, Appellant, v. VIBRA-WHIRL, LTD., Appellee.

Court of Appeals of Texas, Texarkana.

Decided August 4, 2005.

Attorney(s) appearing for the Case

Elizabeth L. DeRieux, S. Calvin Capshaw, Longview, for appellant.

Brad W. Gaswirth, David G. Surratt, Canterbury, Stuber, et al, Dallas, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

Vibra-Whirl, Ltd. (VW) and Longview Independent School District (LISD) executed a written contract for the installation of a synthetic turf football field. A dispute arose, and LISD refused to pay VW. VW sued LISD for breach of contract and violation of the Prompt Pay Act, pursuant to Tex. Gov't Code Ann. § 2251.001-.055 (Vernon Supp.2004-2005). LISD asserted a general denial and a plea to the jurisdiction based on...

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