• Tx. Sup. Ct.
  • Per curiam.
The respondent sued the petitioner, alleging the petitioner provided deficient geotechnical engineering services. The trial court denied a motion for dismissal with prejudice on the ground that the Texas Civil Practice and Remedies Code §150.002 affidavit was deficient. The court of appeals held that a subsequent non-suit mooted the appeal. A defendant's appeal from a trial court's refusal to dismiss an action under §150.002(e) is not mooted by the plaintiff's non-suit. The court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 11-0920, 01-25-2013.