This is an appeal of the trial court's denial of a motion to dismiss based on the claim that the plaintiff failed to timely file a certificate of merit. Texas Civil Practice and Remedies Code §150.002(a) does not allow the plaintiff to circumvent the first-filed pleading requirement by nonsuiting a professional defendant, bringing the same defendant back into the suit with an amended petition that alleges the same complaints as in the original petition, and then attaching the certificate to the amended pleading. The trial court's judgment is reversed and remanded for a determination of whether the dismissal of the plaintiff's claims should be with or without prejudice. San Antonio Court of Appeals, No. 04-12-00351-CV, 05-08-2013.
Bruington Engineering Ltd. v. Pedernal Energy L.L.C.
Tex. App. Dist. 4
May 21, 2013