ALS 88 Design Build LLC v. MOAB Construction Co.

Court of Appeals of Texas

ALS 88 Design Build LLC v. MOAB Construction Co.

DecidedFebruary 23, 2015

Docket04-15-00096-CV

StatusPublished

This text of ALS 88 Design Build LLC v. MOAB Construction Co. (ALS 88 Design Build LLC v. MOAB Construction Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

ALS 88 Design Build LLC v. MOAB Construction Co., (Tex. Ct. App. 2015).

Pincite

Opinion

ACCEPTED FILED 04-15-00096-CV 2/23/2015 3:00:51 PM FOURTH COURT OF APPEALS Donna Kay McKinney Bexar County District Clerk 04-15-00096-CV SAN ANTONIO, TEXAS 2/23/2015 4:16:45 PM Accepted By: Anthony Barrow KEITH HOTTLE Cause No. 2014-CI-03033 CLERK

MOAB CONSTRUCTION § IN THE DISTRICT COURT § v. § 407th JUDICAL FILED IN DISTRICT 4th COURT OF APPEALS § SAN ANTONIO, TEXAS ALS 88 DESIGN BUILD, LLC § BEXAR 02/23/2015 COUNTY,4:16:45 TEXASPM KEITH E. HOTTLE NOTICE OF INTERLOCUTORY APPEAL Clerk

Now Comes, ALS 88 Design Build, LLC, and files this Notice of Interlocutory Appeal as

follows:

I.

This suit involves a claim for damages by MOAB Construction Company, Inc. arising out of a

construction project wherein ALS 88 Design Build, LLC was hired as a licensed and registered Architect

to provide specifications and design plans for the project. MOAB terminated the services of ALS 88

Design Build, LLC and thereafter filed this suit. ALS 88 Design Build, LLC filed a motion to dismiss

MOAB Construction Company’s claims pursuant to Tex. Civ. Prac. & Rem. Code §150.002(b) & (e),

asserting the certificate of merit filed by MOAB to support its claims failed to comply with the

mandatory requirements of §150.002(b).

At a hearing on the motion preceding a trial on the merits on February 23, 2015, the trial court

denied the motion and ALS 88 Design Build, LLC gave oral notice of interlocutory appeal; Tex. Civ.

Prac. & Rem. Code §150.002(f) provides for an immediate interlocutory appeal from an order granting

or denying a motion to dismiss under this chapter.

Respectfully submitted this the 23rd day of February, 2015.

Regina Bacon Criswell Attorney and Counselor at Law Carriage Place 7803 Bent Briar San Antonio, Texas 78250

By: /S/Regina Bacon Criswell SBN: 01496580 (210) 775-1155 (ofc) (210) 251-2071 (fax) CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and forgoing was served in accordance with the Texas Rules of Appellate Procedure on the persons listed below in the manner indicated.

Tom Hall Via facsimile Attorney for MOAB Construction Company, Inc.

/S/Regina Bacon Criswell REGINA B. CRISWELL

Free access — add to your briefcase to read the full text and ask questions with AI