Texas Supreme Court

Crosstex Energy Services, L.p., Petitioner v. Pro Plus, Inc., Respondent

March 28, 201457 Tex. Sup. Ct. J. 398

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, holding that the appellate court had jurisdiction over the interlocutory appeal, that the "good cause" extension under Tex. Civ. Prac. & Rem. Code §150.002(c) is limited to plaintiffs filing within ten days of the limitations period, that a defendant may waive its right to seek dismissal under §150.002(e), and that Pro Plus did not waive that right.

Holding

  • Whether the Court of Appeals had jurisdiction to hear Pro Plus’s interlocutory appeal of the extension order.. The Court of Appeals had jurisdiction to hear the interlocutory appeal.
  • Whether the "good cause" extension under §150.002(c) is available only when a plaintiff files within ten days of the limitations period.. The "good cause" extension is contingent upon the plaintiff filing within ten days of the expiration of the limitations period and alleging that the time constraints prevented preparation of the certificate of merit.
  • Whether a defendant may waive its right to seek dismissal under §150.002(e).. A defendant may waive its right to seek dismissal under §150.002(e) because the certificate of merit requirement is mandatory but non‑jurisdictional.
  • Whether Pro Plus’s conduct constituted a waiver of its right to seek dismissal.. Pro Plus’s conduct did not constitute a waiver of its right to seek dismissal.

Docket 12-0251

Cited authorities

  • Texas Rule of Civil Procedure 194.2
  • Rule 194.2
  • Texas Rule of Civil Procedure 90
  • Texas Rule of Civil Procedure 90
  • Rule 194.2
  • Rule 194.2
  • Rule 194.2
  • Rule 11 of the Texas Rules of Civil Procedure

Cited by

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