invitation to recognize waiver (Texas) · Go Syfert
← Texas issues

invitation to recognize waiver in Texas

14 Texas opinions name it 1 courts 2012–2025 4 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Sharyland Water Supply Corp. v. City of Altongreen
tex · 2011 · cited in 13 Texas opinions naming this issue, 2012–2025
2 sentences

2025The Sharyland Court concluded IT-Davy was dispositive: “As in that case, we reject the invitation to recognize a waiver-by-conduct exception in a breach-of-contract suit against a governmental entity.” Id. (emphasis added).

2022See Sharyland v. Water Supply Corp. v. City of Alton, 354 S.W.3d 407, 414 (Tex. 2011) (rejecting an invitation to recognize a waiver-by-conduct exception in a breach of contract suit against a governmental entity); see also Alternatives Unlimited, Inc. v. Raymondville Indep.

1013
General Services Commission v. Little-Tex Insulation Co.green
tex · 2001 · cited in 2 Texas opinions naming this issue, 2012–2012
2 sentences

2012Tooke , 197 S.W.3d at 332-33 ; Little-Tex , 39 S.W.3d at 597 (deferring to Legislature for waiver of sovereign immunity and "refus[ing] to intercede, in light of the Legislature's enactment of Chapter 2260, by judicially adopting a waiver-by-conduct doctrine"); see also City of Alton v. Sharyland Water Supply Corp ., No. 09-0223, 2011 Tex. LEXIS 805, at *15-16 (Tex. Oct. 21, 2011) ("[W]e reject the invitation to recognize a waiver-by-conduct exception in a breach-of-contract suit against a governmental entity.").

2012Tooke, 197 S.W.3d at 332-33 ; Little-Tex, 39 S.W.3d at 597 (deferring to Legislature for waiver of sovereign immunity and “refus[ing] to intercede, in light of the Legislature’s enactment of Chapter 2260, by judicially adopting a waiver-by-conduct doctrine”); see also City of Alton v. Sharyland Water Supply Corp., No. 09-0223, 2011 Tex. LEXIS 805, at *15-16 (Tex. Oct. 21, 2011) (“[W]e reject the invitation to recognize a waiver-by-conduct exception in a breach-of-contract suit against a governmental entity.”).

22
Cameron County v. Tompkinsgreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014Specifically, appellant argues that the City, by including the “FTC Rule” language in the amended deed of trust, “specifically agreed that it was subject to all claims and defenses that could [be] asserted against the seller.” The Texas Supreme Court has specifically “reject[ed] the invitation to recognize a waiver-by-conduct exception in a breach-of-contract suit against a governmental entity.” Sharyland Water Supply Corp. v. City of Alton, 354 S.W.3d 407, 414 (Tex. 2011); see Cameron County v. Tompkins, 422 S.W.3d 789, 797 (Tex. App.—Corpus Christi 2013, pet. filed).

11
Texas Natural Resource Conservation Commission v. IT-Davygreen
tex · 2002 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See IT-Davy, 74 S.W.3d at 857 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Tooke v. City of Mexia green
tex · 2006
2 sentences

2012Tooke , 197 S.W.3d at 332-33 ; Little-Tex , 39 S.W.3d at 597 (deferring to Legislature for waiver of sovereign immunity and "refus[ing] to intercede, in light of the Legislature's enactment of Chapter 2260, by judicially adopting a waiver-by-conduct doctrine"); see also City of Alton v. Sharyland Water Supply Corp ., No. 09-0223, 2011 Tex. LEXIS 805, at *15-16 (Tex. Oct. 21, 2011) ("[W]e reject the invitation to recognize a waiver-by-conduct exception in a breach-of-contract suit against a governmental entity.").

2012Tooke, 197 S.W.3d at 332-33 ; Little-Tex, 39 S.W.3d at 597 (deferring to Legislature for waiver of sovereign immunity and “refus[ing] to intercede, in light of the Legislature’s enactment of Chapter 2260, by judicially adopting a waiver-by-conduct doctrine”); see also City of Alton v. Sharyland Water Supply Corp., No. 09-0223, 2011 Tex. LEXIS 805, at *15-16 (Tex. Oct. 21, 2011) (“[W]e reject the invitation to recognize a waiver-by-conduct exception in a breach-of-contract suit against a governmental entity.”).

22012–2012
Texas Southern University v. State Street Bank & Trust Co. green
texapp · 2007
1 sentence

2013In Texas Southern Univ. v. State Street Bank and Trust Co., 212 S.W.3d 893 (Tex. App.—Houston [1st Dist.] 2007, pet. ref’d), the University contracted to lease equipment from a private party.

12013–2013

← Caselaw search · G Cite Topics · Brief Check