KAYNE ANDERSON CAPITAL v. HILL & FRANK

No. 01-18-00544-CV.

570 S.W.3d 884 (2018)

KAYNE ANDERSON CAPITAL ADVISORS, L.P., Appellant v. HILL & FRANK, INC. and Southern Pools Service and Spas, Appellees

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

Opinion issued December 18, 2018.


Attorney(s) appearing for the Case

David Andrew Baay , Houston, Garrett Gibson , for Appellant.

William K. Luyties , Paul Judson Goldenberg , Houston, Steven S. Snelson , Dallas, for Appellees.

Panel consists of Justices Higley, Lloyd, and Caughey.


OPINION

Kayne Anderson Capital Advisors, L.P. sued Hill & Frank, Inc., alleging faulty design and construction of a pool at the top of a parking garage. Kayne Anderson included the affidavit of an engineer to serve as a certificate of merit. Hill & Frank filed a motion to dismiss, alleging the certificate...

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