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COLUMBUS ISD v. FIVE OAKS ACHIEVEMENT CTR.

No. 14-04-00129-CV.

162 S.W.3d 812 (2005)

COLUMBUS INDEPENDENT SCHOOL DISTRICT, Appellant, v. FIVE OAKS ACHIEVEMENT CENTER, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

April 21, 2005.

Attorney(s) appearing for the Case

Todd Aaron Clark, Austin, for appellant.

Kevin Thomas O'Hanlon, Leslie L. McCollom, Austin, for appellee.

Panel consists of Justices YATES, EDELMAN, and GUZMAN.

OPINION

RICHARD H. EDELMAN, Justice.

In this accelerated interlocutory appeal,1 Columbus Independent School District ("CISD") appeals the denial of its plea to the jurisdiction on the grounds that: (1) Texas Education Code section 11.151 does not provide a waiver of its immunity from suit; (2) a school district cannot waive such immunity by conduct; and (3) Five Oaks Achievement Center ("Five Oaks") did not adequately exhaust...

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