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PALLADIAN BLDG CO. INC. v. NORTEX FOUNDATION DESIGNS, INC.

No. 2-04-159-CV.

165 S.W.3d 430 (2005)

PALLADIAN BUILDING COMPANY, INC. and Nortex Foundation Designs, Inc., Appellant and Appellee, v. NORTEX FOUNDATION DESIGNS, INC. and Palladian Building Company, Inc., Appellee and Appellant.

Court of Appeals of Texas, Fort Worth.

May 5, 2005.

Attorney(s) appearing for the Case

Carpenter Law Firm, P.C., N. Scott Carpenter and James P. Acosta, Plano, for Appellant and Cross-Appellant.

MacDonald Devin, P.C., Gregory Norman Ziegler, and David C. Colley, Dallas, for Appellee and Cross-Appellee.

Panel A: CAYCE, C.J.; HOLMAN and WALKER, JJ.

OPINION

DIXON W. HOLMAN, Justice.

In this case of first impression, Palladian Building Company, Inc. (Palladian) appeals from a judgment dismissing its suit without prejudice against Nortex Foundation Designs, Inc. (Nortex), a design professional, because Palladian did not provide an affidavit of a third-party professional engineer as required by statute.1 Nortex cross-appeals contending the dismissal should have been "with prejudice...

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