In Ho v. University of Texas, 984 S.W.2d 672 (Tex. App.-Amarillo 1998, pet. denied), the plaintiff sued the University of Texas for, among other things, breach of contract after being dismissed from its doctoral program. The court of appeals held that the action was barred by sovereign immunity, rejecting the plaintiff's argument that the University "by its conduct, . . . had waived its sovereign immunity." Id. at 682. The court stated that "the only exception we have found in which the State, by its own actions waives immunity, is that which applies when the State initiates a suit." Id. at 683. Because the Third Court of Appeals, had it decided Ho, would have had to overrule that case in order to rule for Lawson in this case, the test for conflicts jurisdiction is satisfied, and we have jurisdiction over this interlocutory appeal.