Wageeh S. Aqleh v. Cadlerock Joint Venture II, L.P.; Cadlerock Joint Venture II, L.P. v. Marie C. Milazzo

Summary

The court held that a motion to cite in an additional defendant is not an "action" under the accidental failure of suit statute and therefore cannot revive a claim that failed because of untimely service. It also held that the appeal was properly before it because the denial of the motion was inextricably intertwined with the final judgment discharging the attachment, and it upheld denial of injunctive relief because Cadlerock lacked a likelihood of success on the merits. The judgments were affirmed.