Texas Department of Transportation v. Aer-Aerotron, Inc.
Cases that cite this one
28 later published cases cite this decision. The 22 that cite it most often are listed here.
- Texas Natural Resource Conservation Commission v. IT-Davy (Tex. 2002)
- Texas a & M University-Kingsville v. Lawson (Tex. 2002)
- Midland Central Appraisal District v. Plains Marketing, L.P. (Tex. App. 2006)
- Robinson v. University of Texas Medical Branch at Galveston (Tex. App. 2005)
- University of Texas Southwestern Medical Center v. Loutzenhiser (Tex. 2004)
- Catalina Development, Inc. v. County of El Paso (Tex. 2003)
- Texas Department of Transportation v. Jones Bros. Dirt & Paving Contractors, Inc. (Tex. 2002)
- Travis County v. Pelzel & Associates, Inc. (Tex. 2002)
- Catalina Development, Inc. and Gregory W. Collins v. County of El Paso, Texas (Tex. App. 2002)
- Landry's Crab Shack, Inc. D/B/A Joe's Crab Shack v. the Board of Regents, Texas State University System And Southwest Texas State University (Tex. App. 2001)
- Landry's Crab Shack, Inc. D/B/A Joe's Crab Shack v. the Board of Regents, Texas State University System And Southwest Texas State University (Tex. App. 2001)
- in Re Hays County Sheriff's Department and Hays County District Attorney's Office (Tex. App. 2012)
- in Re Hays County Sheriff's Department and Hays County District Attorney's Office (Tex. App. 2012)
- Southern Disposal, Inc. v. City of Blossom (Tex. App. 2005)
- Texas Department of Protective & Regulatory Services v. Dana Lynn (Tex. App. 2005)
- Texas Department of Protective & Regulatory Services v. Dana Lynn (Tex. App. 2005)
- Helen Robinson v. University of Texas Medical Branch at Galveston (Tex. App. 2005)
- State v. Fidelity & Deposit Co. of Maryland (Tex. App. 2004)
- Smith v. Lutz (Tex. App. 2004)
- the University of Texas Southwestern Medical Center at Dallas v. Donna Loutzenhiser, as Next Friend of Stephen Luke Loutzenhiser, a Minor (Tex. 2004)
- State of Texas v. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company (Tex. App. 2004)
- State of Texas v. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company (Tex. App. 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner,
v.
AER-AEROTRON, INC., Respondent.
Supreme Court of Texas.
Gregory S. Coleman, Julie Caruthers Parsley, William Rich Thompson, II, Susan Desmarais Bonnen, John Cornyn, Andy Taylor, Linda Eads, Office of Atty. Gen., Austin, for Petitioner.
Elizabeth G. Bloch, Tonia Lea Lucio, Hilgers & Watkins, Austin, for Respondent.
Justice BAKER delivered the opinion of the Court in which Chief Justice PHILLIPS, Justice HECHT, Justice OWEN, Justice ABBOTT, and Justice HANKINSON joined.
The issue in this case involves whether the State may waive its immunity from suit by its conduct. The court of appeals held that by accepting benefits under a contract the State waives its immunity from suit. 997 S.W.2d 687, 692. We disagree. Today in General Services Commission v. Little-Tex Insulation Co., 39 *221 S.W.3d 591 (Tex. 2001), we declined to adopt a waiver-by-conduct exception to sovereign immunity because the Legislature has established an administrative process for resolving certain breach-of-contract claims against the State. See Tex. Gov't Code § 2260.001-.108. Accordingly, we hold that Aer-Aerotron may not pursue its claim against the State without first participating in Chapter 2260's administrative process. See Little-Tex Insulation Co., 39 S.W.3d at 595. The trial court properly dismissed Aer-Aerotron's suit. We therefore reverse the courts of appeals' judgment and dismiss Aer-Aerotron's claim for want of jurisdiction.
Justice ENOCH filed a dissenting opinion.
Justice O'NEILL did not participate in the decision.
Justice ENOCH, dissenting.
For the reasons expressed in my dissent in General Services Commission v. Little-Tex Insulation Company,[1] I respectfully dissent.
NOTES
[1] 39 S.W.3d 591 (Tex. 2001).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.