Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 3, 2014

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

City of Willow Park, Tex. v. E.S. & C.M., Inc., No. 02-13-00272-CV (Feb. 6, 2014) (Livingston, C.J., joined by Dauphinot and Walker, JJ.).

Held:  The trial court did not err by denying Appellant's plea to the jurisdiction with regard to Appellee's breach of contract claim. A provision in the parties' contract that purports to negate a waiver of the city's immunity under chapter 271 of the local government code is void because it violates public policy as expressed by the legislature. The trial court erred, however, by denying Appellant's plea to the jurisdiction with regard to Appellee's quantum meruit claim and Appellee's request for attorney's fees on its breach of contract claim.

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