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LAMESA INDEPENDENT SCHOOL DIST. v. BOOE

No. 11-03-00394-CV.

251 S.W.3d 831 (2008)

LAMESA INDEPENDENT SCHOOL DISTRICT, Appellant v. David BOOE d/b/a Booe Roofing Company, Appellee.

Court of Appeals of Texas, Eastland.

March 27, 2008.

Attorney(s) appearing for the Case

David P. Hansen, Schwartz & Eichelbaum, P.C., Attorney At Law, Austin, TX, for appellant.

Aubrey J. Fouts and James E. Joplin, Fouts, Fouts & Joplin, Attorneys At Law, Lubbock, TX, for appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.

OPINION ON REMAND

JIM R. WRIGHT CHIEF, Justice.

This case involves the denial of a school district's plea to the jurisdiction. In our original opinion,1 we held that the "sue and be sued" language of TEX. EDUC.CODE ANN. § 11.151 (Vernon 2006) waived immunity from suit. The Texas Supreme Court subsequently determined that this language did not constitute a clear and unambiguous waiver of immunity. Tooke v. City of Mexia...

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