ACCEPTED
04-15-00096-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
3/5/2015 3:38:03 PM
KEITH HOTTLE
Cause No. 2014-CI-03033 CLERK
MOAB CONSTRUCTION § IN THE DISTRICT COURT
§
v. § 407th JUDICAL FILED IN
DISTRICT
4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
ALS 88 DESIGN BUILD, LLC § BEXAR 03/5/2015
COUNTY, TEXAS
3:38:03 PM
KEITH E. HOTTLE
AMENDED NOTICE OF APPEAL Clerk
Now Comes, ALS 88 Design Build, LLC, and files this Amended Notice of Appeal as follows:
I.
This suit involves a claim for damages by MOAB Construction Company, Inc. arising out of a
construction project wherein ALS 88 Design Build, LLC was hired as a licensed and registered Architect
to provide specifications and design plans for the project. MOAB terminated the services of ALS 88
Design Build, LLC and thereafter filed this suit. ALS 88 Design Build, LLC filed a motion to dismiss
MOAB Construction Company’s claims pursuant to Tex. Civ. Prac. & Rem. Code §150.002(b) & (e),
asserting the certificate of merit filed by MOAB to support its claims failed to comply with the
mandatory requirements of §150.002(b).
At a hearing on the motion preceding a trial on the merits on February 23, 2015, the trial court
denied the motion and ALS 88 Design Build, LLC gave oral notice of interlocutory appeal; Tex. Civ.
Prac. & Rem. Code §150.002(f) provides for an immediate interlocutory appeal from an order granting
or denying a motion to dismiss under this chapter. Thereafter a written notice of interlocutory appeal and
emergency motion to stay jury trial was filed.
This court denied the emergency motion to stay the jury trial of this case on February 27, 2015
and thereafter the trial of this case commenced on March 2, 2015. A jury returned a verdict on March 5,
2015 in favor of Moab Construction Company, Inc. against ALS 88 Design Build, LLC. Thereafter ALS
88 Design Build, LLC gave oral notice of appeal; ALS 88 Design Build, LLC now files this amended
notice of appeal from the jury verdict and judgment (not yet entered) in favor of Moab Construction
Company, Inc. in the above styled and numbered appeal.
Respectfully submitted this the 5th day of March, 2015.
Regina Bacon Criswell
Attorney and Counselor at Law
Carriage Place
7803 Bent Briar
San Antonio, Texas 78250
By: /S/Regina Bacon Criswell
SBN: 01496580
(210) 775-1155 (ofc)
(210) 251-2071 (fax)
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and forgoing was served in
accordance with the Texas Rules of Appellate Procedure on the persons listed below in the
manner indicated.
Tom Hall Via e-file
Attorney for MOAB Construction Company, Inc.
/S/Regina Bacon Criswell
REGINA B. CRISWELL