Gessner Engineering, LLC v. St. Paraskevi Greek Orthodox Monastery, Inc.

OPINION

Rebeca Huddle, Justice

In this appeal, we consider whether a trial court’s dismissal for failure to file a certificate of merit as required.by Texas Civil Practice and Remedies Code section 150.002 must be with prejudice. We agree with the majority of appellate courts that have addressed the issue and held that dismissal with prejudice is not mandatory but, rather, a matter left to the trial court’s discretion. Because we conclude that the trial court did not abuse its discretion -by dismissing without prejudice, we affirm the trial court’s judgment.

Background

Appellee St. Paraskevi…