Foundation Assessment, Inc., D/B/A Engineering Design & Assessment, and Suraj K. Choudhury v. Suzanne O'Connor

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The primary issue we address in this interlocutory appeal is whether appellants Foundation Assessment, Inc., d/b/a Engineering Design & Assessment, and Suraj K. Choudhury waived their right to dismissal of the suit brought against them by appellee Suzanne O’Connor by waiting almost two years to move for dismissal. See Tex. Civ. Prac. & Rem.Code Ann. § 150.002(f) (West 2011). Because we hold that they did not, we will reverse the trial court’s order denying appellants’ motion to dismiss.

II. Factual and Procedural Background

The facts giving rise to this…