ctl/thompson Texas, Llc v. Starwood Homeowner's Association, Inc.

Section 150.002 of the Texas Civil Practice and Remedies Code requires that in actions for damages arising from the provision of professional services by a licensed or registered architect, engineer, or surveyor, the plaintiff must file an affidavit attesting to the claim’s merit. Section 150.002(e) states: “The plaintiffs failure to file the affidavit in accordance with this section shall result in dismissal of the complaint against the defendant. This dismissal may be with prejudice.” The issue here is whether a defendant’s appeal from a trial court’s refusal to dismiss an action under…