CTL/Thompson Tex., LLC v. Starwood Homeowner’s Ass’n

Respondent sued Petitioner for providing deficient geotechnical engineering services. Respondent attached to its petition an affidavit it believed complied with Tex Civ. Prac. & Rem. Code 150.002, which required that Respondent in this case file an affidavit attesting to the claim's merit. The trial court denied Petitioner's motion for dismissal on the ground that the affidavit was deficient, and Petitioner appealed. Before the appeal could be decided, Respondent nonsuited its claims against Petitioner. The court of appeals held that the nonsuit mooted the appeal. Petitioner brought a petition for review. The Supreme Court reversed, holding that Respondent's nonsuit did not moot Petitioner's appeal. Remanded. View "CTL/Thompson Tex., LLC v. Starwood Homeowner's Ass'n" on Justia Law