From: "Saved by Windows Internet Explorer 7" Subject: IN THE SUPREME COURT OF TEXAS Date: Fri, 20 Apr 2007 00:53:35 -0700 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.supreme.courts.state.tx.us/historical/2007/apr/060348.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.0.6000.16386
IN THE SUPREME COURT OF TEXAS
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No. 06-0348
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The State of Texas, = by and=20 through the Texas Department of Transportation, Petitioner,
v.
Precision Solar = Controls,=20 Inc., Respondent
════════λ= 2;══════════&= #9552;═════════_= 52;══════════= ══════════ = 552;═
On Petition for Review from = the
Court of Appeals for the Third = District of=20 Texas
═════════_= 52;══════════= ══════════ = 552;══════════= ;══════════= 9552;
PER = CURIAM
The = State=20 sued Precision Solar Controls, Inc. for breach of contract, breach of = warranty,=20 and quantum meruit, alleging that traffic signal displays made by = Precision were=20 defective. Precision denied the State=92s allegations and counterclaimed = for=20 damages for business disparagement. The trial court denied the State=92s = plea to=20 the jurisdiction based on sovereign immunity, and, on the State=92s = interlocutory=20 appeal, the court of appeals affirmed. 188 S.W.3d 364 (Tex. = App.=97Austin=20 2006).
The = court of=20 appeals relied on our first opinion in Reata Construction Corp. v. = City of=20 Dallas, which we have since withdrawn and replaced. 197 S.W.3d 371 = (Tex.=20 2006). We held that a governmental entity that brings an action waives = immunity=20 from suit for claims that are germane to, connected with, and properly = defensive=20 to its action, to the extent of an offset. Id. at 373. The State = argues=20 that it has not by its action waived immunity for an intentional tort = claim like=20 Precision=92s. Such arguments should be further considered by the lower = court in=20 light of Reata.
Accordingly,=20 we grant the State=92s motion for rehearing, withdraw our order denying = its=20 petition for review, grant its petition, and, without hearing oral = argument,=20 vacate the court of appeals=92 judgment and remand the case to the trial = court for=20 further proceedings. Tex. R. = App.=20 P. 59.1.
Opinion=20 delivered: April 5, 2007