In Re AYS Engineering, LLC v. the State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00366-CV

In re AYS Engineering, LLC

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

MEMORANDUM OPINION

Relator AYS Engineering, LLC has filed a petition for writ of mandamus complaining of the trial court’s order denying its motion to dismiss that was based on Section 150.002 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code § 150.002 (addressing required certificate of merit when action for damages arises out of provision of professional services by licensed or registered professional). Relator also has filed a motion for temporary relief and stay.

“An order granting or denying a motion for dismissal is immediately appealable as an interlocutory order.” Id. § 150.002(f). Thus, AYS Engineering, LLC has an adequate remedy by interlocutory appeal. 1 See Walker v. Packer, 827 S.W.2d 833, 840–42 (Tex. 1992). On this basis, we deny the petition for writ of mandamus and dismiss the motion for temporary relief as moot. See Tex. R. App. P. 52.8(a).

1 AYS Engineering, LLC also has filed a notice of interlocutory appeal from the same order that it challenges in this original proceeding. That appeal remains pending under this Court’s case number 03-26-00390-CV.

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Karin Crump, Justice

Before Justices Theofanis, Crump, and Ellis Filed: May 7, 2026