A Texas appeals court threw out former coach Mike Leach's breach of contract claim against Texas Tech on Friday, though it said he could still pursue non-monetary claims against the school over his controversial 2009 firing.

Leach did not immediately respond to a text message and couldn't be reached by phone.

"We won," Texas Tech attorney Dicky Grigg said. "The court has held that he has no monetary claims against the school."

University attorneys had argued that Leach could not sue the school because Texas Tech is a state entity with sovereign immunity, meaning it can only be sued with permission from the state Legislature or a waiver based on a defendant's conduct.

A trial court ruling went against the school, but the latest decision from the 7th Court of Appeals upheld Texas Tech's assertion of immunity.

Leach's attorney, Paul Dobrowski, said he plans to appeal the issue to the Texas Supreme Court. He said the ruling noted that the state's highest court "is unclear regarding waiver of sovereign immunity" through conduct.