Bruington Engineering, Ltd. v. Pedernal Energy, L.L.C.

Dissenting Opinion by:

MARIALYN BARNARD, Justice.

I must dissent to the decision to deny Pedernal Energy, LLC’s motion for en banc reconsideration because contrary to the holding in the panel opinion, it was within the trial court’s discretion to dismiss the complaint without prejudice based on the plain language of the statute. In other words, the plain language of section 150.002(e) does not mandate a dismissal with prejudice. The panel opinion distorts the plain meaning of section 150.002(e) in this case, stepping into the shoes of the Texas Legislature and rewriting the statute.…