Summary
holding that State's suing private-entity defendant for breach of contract waived immunity from suit for defendant's counterclaims for tort and breach of contract
Summary of this case from Ray Ferguson Interests, Inc. v. Harris County Sports & Convention Corp.Opinion
No. 05-03-01831-CV
Opinion issued July 30, 2004.
On Appeal from the 68th District Court, Dallas County, Texas, Trial Court Cause No. 02-10331-C.
Affirmed.
Before Justices MOSELEY, BRIDGES, and LANG-MIERS.
MEMORANDUM OPINION
The City of Carrollton, Texas, appeals the trial court's interlocutory order denying the City's plea to the jurisdiction on the grounds of governmental immunity. In a single issue, the City argues the trial court erred in denying its plea to the jurisdiction. We affirm the trial court's order denying the City's plea to the jurisdiction.
The City and Golf Works entered into a written contract whereby Golf Works agreed to renovate a golf course owned by the City. The City was not satisfied with Golf Works' performance under the contract and sued Golf Works, alleging breach of contract and breach of warranty. Golf Works initially answered and filed a counterclaim for breach of contract. Later, Golf Works amended its pleadings to add tort claims against the City. The City filed a plea to the jurisdiction claiming governmental immunity. The trial court denied the City's plea to the jurisdiction, and this interlocutory appeal followed.
In a single issue, the City argues the trial court erred in denying its plea to the jurisdiction. Specifically, the City argues the tort claims asserted by Golf Works do not fall within the limited waiver of immunity in the Texas Tort Claims Act. On the contrary, the Texas Supreme Court has recently held that, by filing a suit for damages, a governmental entity waives immunity from suit for any claim that is "incident to, connected with, arises out of, or is germane to the suit or controversy brought by the State." Reata Constr. Co. v. City of Dallas, No. 02-1031, 2004 WL 726906, at *3 (Tex. April 2, 2004) (per curiam). Accordingly, we conclude the City in this case waived its immunity, if any, from suit against Golf Works' claims arising out of the renovation of the City's golf course. See id. We overrule the City single issue.
We affirm the trial court's order denying the City's plea to the jurisdiction.