Ab-Tex Beverage Corporation v. Angelo State University

This is an appeal from the granting of a plea to the jurisdiction based on sovereign immunity. Appellant Ab-Tex Beverage Corporation sued Angelo State University for breach of contract and declaratory judgment arising out of a contract whereby Ab-Tex acquired the exclusive right to provide food and drink vending services on the universitys campus. The district court dismissed the suit for want of jurisdiction. On appeal, Ab-Tex essentially concedes that sovereign immunity bars its claims against the university, but asserts nonetheless that the district courts dismissal order was erroneous because the plea was unsworn, the proper relief was to abate the suit, and the order should not have disposed of Ab-Texs claims on the merits. We will modify the judgment of the trial court, and, as modified, we will affirm.