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JASTER v. COMET II CONST., INC.

No. 12-0804.

438 S.W.3d 556 (2014)

Gary Wayne JASTER, Petitioner, v. COMET II CONSTRUCTION, INC., Joe H. Schneider, Laura H. Schneider, and Austin Design Group, Respondents.

Supreme Court of Texas.

Decided July 3, 2014.

Attorney(s) appearing for the Case

David Kenneth Sergi , David K. Sergi & Associates, P.C., San Marcos, TX, for Other interested party.

Andrew L. Kerr , Cynthia E. Ellis Rosen , John Alex Huddleston , Strasburger & Price LLP, San Antonio, TX, for Petitioner.

Kemp W. Gorthey , Attorney at Law, Austin, TX, for Respondent Austin Design Group.

Henderson L. Buford III , Buford & Associates, Austin, TX, for Respondent Comet II Construction, Inc.

Justice BOYD announced the Court's disposition and delivered a plurality opinion, in which Justice JOHNSON, Justice WILLETT, and Justice DEVINE joined.

Chapter 150 of the Texas Civil Practice and Remedies Code requires "the plaintiff" in "any action or arbitration proceeding for damages arising out of the provision of professional services by a licensed or registered professional" architect, engineer, land surveyor, or landscape engineer to file a supporting expert affidavit "with the complaint." The issue in this case is whether this requirement applies to a defendant or third...

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