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Nangia v. Taylor

Chander Nangia appeals from the trial court's order denying a motion to dismiss suit filed by Steve Taylor. The trial judge did not abuse his discretion in concluding that Taylor timely filed a certificate of merit that complied with statutory requirements. if the plaintiff does not contemporaneously file the certificate of merit with its initial petition against the professional, the affidavit is timely only if, within 30 days of that initial filing, the plaintiff satisfies the statutory exception. The pleadings must set out two explanatory matters: 1. limitations would have barred the claim within 10 days of the filing of the initial pleading against the professional; and 2. time constraints therefore precluded the presentment of the affidavit with the initial filing. Texas Civil Practice and Remedies Code §150.002(b) does not require that the third-party licensed professional engineer explain the law to the trial court. The trial court's order is affirmed. Beaumont Court of Appeals, No. 09-10-00416-CV, 05-05-2011.

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OPINION

Chander P. Nangia appeals from the trial court‟s order denying a motion to dismiss a lawsuit filed by Steve Taylor. See Tex. Civ. Prac. & Rem. Code Ann. § 150.002(f) (West 2011). He argues that section 150.002(a) required Taylor to file with the complaint a certificate of merit by a licensed professional engineer. See Tex. Civ. Prac. & Rem. Code Ann. § 150.002(a) (West 2011).

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