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TDINDUSTRIES, INC. v. RIVERA

No. 01-10-00812-CV.

339 S.W.3d 749 (2011)

TDINDUSTRIES, INC., Appellant, v. Marco RIVERA, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

March 31, 2011.

Attorney(s) appearing for the Case

Bruce K. Packard , James Owen Crewse , Theodore J. Riney , Riney Palter, PLLC, Dallas, for Appellant.

Brenton P. Monteleone , The Aubert Law Firm, Kingwood, Galvin B. Kennedy , Kennedy Hodges LLP, James M. Corbett , Barber Lyman, P.C., Jaqueline Leguizamon , City of Houston Legal Dept., Timothy L. Nebel , Barker Lyman, P.C., Houston, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

ELSA ALCALA, Justice.

Appellant TDIndustries, Inc. ("TDI") appeals from the denial of its motion to dismiss appellee Marco Rivera's claims against TDI for failure to file a certificate of merit pursuant to Section 150.002 of the Civil Practices and Remedies Code (the "CPRC"). In four issues, TDI argues that the trial court abused its discretion by denying the motion to dismiss because the claims pled by Rivera are governed by Section 150.002 and...

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