ACCEPTED
FILED 04-15-00096-CV
2/23/2015 3:00:51 PM FOURTH COURT OF APPEALS
Donna Kay McKinney
Bexar County District Clerk
04-15-00096-CV SAN ANTONIO, TEXAS
2/23/2015 4:16:45 PM
Accepted By: Anthony Barrow 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 02/23/2015
COUNTY,4:16:45
TEXASPM
KEITH E. HOTTLE
NOTICE OF INTERLOCUTORY APPEAL Clerk
Now Comes, ALS 88 Design Build, LLC, and files this Notice of Interlocutory 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.
Respectfully submitted this the 23rd day of February, 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 facsimile
Attorney for MOAB Construction Company, Inc.
/S/Regina Bacon Criswell
REGINA B. CRISWELL