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City of Fort Worth11/23/2005
claims that correspondence between the City and Rainier states, "The Risk Management Department of the City of Forth Worth has investigated the captioned claim and has determined that your firm has assumed an obligation to handle matters of this nature pursuant to the terms and conditions of your contract with the City." The "captioned claim" to which this correspondence is referring is unknown, and Hurst did not introduce this correspondence into evidence at the hearing on the City's plea to the jurisdiction. The City presented the only evidence at the hearing--a copy of a contract between Rainier and The Villas for Rainier to build the housing project, demonstrating that the City was not a party to that contract.
After reviewing the allegations in the pleadings--accepting them as true and construing them in favor of Hurst--and reviewing the evidence presented to the trial court on the jurisdictional issue, we hold that the City did not waive its sovereign immunity from suit under the Act. See Tex. Ass'n of Bus., 852 S.W.2d at 446; Univ. of N. Tex., 124 S.W.3d at 220. Consequently, the trial court lacked subject matter jurisdiction over the City. We sustain the City's first and second issues. We reverse the trial court's judgment and render judgment sustaining the City's plea to the jurisdiction.
PANEL F: WALKER, DAUPHINOT, and HOLMAN, JJ.
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