Legal Opinion

Bernardo L. Gonzalez v. Momentum Design and Construction, Inc.

Texas Court of Appeals, 8th District (El Paso)

Decided September 9, 2021No. 08-19-00004-CVPublished

1Opinion of the Court

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § BERNARDO L. GONZALEZ, No. 08-19-00004-CV § Appellant, Appeal from the § v. 346th District Court § MOMENTUM DESIGN & of El Paso County, Texas CONSTRUCTION, INC., § (TC# 2018-DCV-3826) Appellee. § DISSENT As the majority opinion recognizes, we steer a course between two Texas Supreme Court landmarks for what constitutes waiver of the right to pursue a Chapter 150 motion to dismiss. One landmark defines certain litigation activity, conducted over an eight-month period, as failing to establish waiver. Crosstex Energy Services, L.P. v. Pro…

2Cases cited8 opinions

  1. Jernigan v. LangleyTexas Supreme Court · 2003
  2. Sun Exploration and Production Co. v. BentonTexas Supreme Court · 1987
  3. Crosstex Energy Services, L.P. v. Pro Plus, Inc.Texas Supreme Court · 2014
  4. DLB Architects, P.C. v. Weaver, Texas Court of Appeals, 5th District (Dallas)2010
  5. Ustanik v. Nortex Foundation Designs, Inc., Texas Court of Appeals, 10th District (Waco)2010

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