Engineering & Terminal Services, L.P. v. TARSCO, Inc.

*396OPINION

Kevin Jewell, Justice

In this certificate of merit case, we must determine whether the trial court erred by-dismissing the third-party claims of Engineering & Terminal Services, L.P. (“ETS”) against TARSCO, Inc. and Orcus Fire Protection, LLC because ETS did not file a certifícate of merit with its third-party petition. In Jaster v. Comet II Construction, Inc., 438 S.W.3d 556 (Tex. 2014), five justices who joined in the-court’s judgment agreed that a third-party plaintiff is not “the plaintiff’ in an “action or arbitration proceeding” and thus is not subject to the certificate of merit…