Summary
The Texas Court of Appeals, Third District, denied AYS Engineering, LLC’s petition for writ of mandamus challenging the denial of its motion to dismiss under Texas Civil Practice and Remedies Code section 150.002. The court held that an interlocutory appeal provided an adequate remedy and dismissed AYS Engineering’s motion for temporary relief as moot.
Topics
Practice areas
Questions Presented
- Whether mandamus relief was available to challenge the trial court's denial of a motion to dismiss under Texas Civil Practice and Remedies Code section 150.002 when the order was immediately appealable.
- Whether AYS Engineering's motion for temporary relief and stay should remain pending after the mandamus petition was denied.
Holdings
- Mandamus relief was unavailable because an order granting or denying a motion to dismiss under Texas Civil Practice and Remedies Code section 150.002 is immediately appealable, providing AYS Engineering with an adequate remedy by interlocutory appeal.
- The motion for temporary relief and stay was dismissed as moot after the petition for writ of mandamus was denied.
Key quotations
“Thus, AYS Engineering, LLC has an adequate remedy by interlocutory appeal.”
“On this basis, we deny the petition for writ of mandamus and dismiss the motion for temporary relief as moot.”
Factual background
AYS Engineering, LLC was sued for damages allegedly arising from the provision of professional services by a licensed or registered professional. It moved to dismiss under Texas Civil Practice and Remedies Code section 150.002, which concerns the required certificate of merit in such actions. The trial court denied the motion to dismiss.
Procedural history
AYS Engineering, LLC filed a motion to dismiss based on the certificate-of-merit requirement in section 150.002 and sought mandamus relief after the trial court denied the motion. AYS also filed a notice of interlocutory appeal from the same order. The court of appeals denied the mandamus petition because interlocutory appeal provided an adequate remedy and dismissed the motion for temporary relief as moot.