Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

CTL/Thompson Texas LLC v. Starwood Homeowner's Association Inc.

The respondent sued the petitioner, alleging the petitioner provided deficient geotechnical engineering services. The trial court denied a motion for dismissal with prejudice on the ground that the Texas Civil Practice and Remedies Code §150.002 affidavit was deficient. The court of appeals held that a subsequent non-suit mooted the appeal. A defendant's appeal from a trial court's refusal to dismiss an action under §150.002(e) is not mooted by the plaintiff's non-suit. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0920, 01-25-2013.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Section 150.002 of the Texas Civil Practice and Remedies Code requires that in actions for damages arising from the provision of professional services by a licensed or registered architect, engineer, or surveyor, the plaintiff must file an affidavit attesting to the claim’s merit. Section 150.002(e) states: “The plaintiff’s failure to file the affidavit in accordance with this section shall result in dismissal of the complaint against the defendant. This dismissal may be with prejudice.” The issue here is whether a defendant’s appeal from a trial court’s refusal to dismiss an action under Section 150.002(e) is mooted by the plaintiff’s non-suit. We hold it is not and consequently reverse the judgment of the court of appeals and remand the case to that court. ___ S.W.3d ___ (Tex. App.– Fort Worth 2011).

Respondent Starwood Homeowner’s Association sued petitioner CTL/Thompson Texas for providing deficient geotechnical engineering services. Starwood attached to its petition an affidavit that it believed complied with Section 150.002. CTL moved for dismissal with prejudice on the ground that the affidavit was deficient. The trial court denied CTL’s motion, and CTL brought an interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE § 150.002(f). But before the appeal could be decided, Starwood nonsuited its claims against CTL. The court of appeals held that the non-suit mooted the appeal, depriving the court of jurisdiction. 352 S.W.3d 854, 856 (Tex. App.– Fort Worth 2011). CTL then brought a petition for review. Ordinarily, this Court has limited jurisdiction over interlocutory appeals. See TEX. GOV’T CODE § 22.225(b)(3). But we always have jurisdiction to determine whether the court of appeals had jurisdiction. Austin State Hosp. v. Graham, 347 S.W.3d 298, 300 (Tex. 2011); Univ. of Tex. Sw. Med. Ctr. v. Margulis, 11 S.W.3d 186, 187 (Tex. 2000) (per curiam).

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
COMMERCIAL REAL ESTATE PARALEGAL

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
ENVIRONMENT & ENERGY ASSOCIATE

McCarter & English, LLP is actively seeking an associate the to join its Environment & Energy Practice Group in Newark, NJ. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements