Pedernal Energy, LLC v. Bruington (Opinion)Annotate this Case
Tex. Civ. Prac. & Rem. Code Ann. 150.002 provides that if an expert affidavit in a lawsuit or arbitration for damages arising out of the provision of professional services by licensed or registered professionals is not filed in accordance with the statute, the trial court shall dismiss the claim, and the dismissal may be with prejudice. In this case, the parties do not dispute that Defendant failed to submit an expert affidavit as required by the statute. The trial court dismissed the claims without prejudice, but the court of appeals reversed, finding that the statute required dismissal with prejudice. The Texas Supreme Court reversed the appeals court and reinstated the trial court's decision, holding that the statute affords trial courts discretion to dismiss either with or without prejudice, and that the trial court's dismissal without prejudice based on Defendant's reasons for failure to file the affidavit did not constitute abuse of discretion.