Crosstex Energy Services, L.P. v. Pro Plus, Inc.
430 S.W.3d 384
| Tex. | 2014Background
- Crosstex Energy Services, L.P. sued Pro Plus, Inc. for property damage from a gas compression-station explosion.
- The parties agreed via Rule 11 to extend Crosstex’s expert-designation deadline beyond the limitations period.
- After limitations expired, Pro Plus moved to dismiss for Crosstex’s failure to file a certificate of merit under §150.002(e).
- The trial court denied the motion to dismiss and granted Crosstex an extension to file the certificate; the court of appeals reversed and remanded.
- The Supreme Court addressed (1) appellate jurisdiction over the extension order, (2) whether §150.002(c)’s good-cause extension applies only when suit is filed within ten days of expiration, (3) whether a defendant can waive the certificate-of-merit requirement, and (4) whether Pro Plus’s conduct waived the requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interlocutory-appellate jurisdiction | Crosstex: §150.002(f) allows review; extensions are reviewable as intertwined with dismissal | Pro Plus: only motions to dismiss are expressly appealable; extension review is not authorized | Court of appeals had jurisdiction to review the extension-related interlocutory appeal. |
| Good-cause extension scope | Crosstex: good cause can apply to extensions even outside the ten-day window | Pro Plus: good cause limited to ten-day window and delay alleged by plaintiff | Good-cause extension is contingent on filing within ten days and alleging time-preclusion; Crosstex outside window cannot claim protection. |
| Waiver of §150.002(e) rights | Crosstex argues Pro Plus waived by conduct; or Pro Plus’s actions implied waiver | Pro Plus: conduct did not clearly demonstrate intent to waive | Section 150.002 is mandatory but non-jurisdictional; waiver can occur, but Pro Plus did not waive. |
| Effect of agreement on filing deadline | Docket-order/Rule 11 agreement extended Rule 194.2 deadlines; not tied to §150.002 | Agreement could delay filing; but McDaniel/Koseoglu principles limit its reach | Rule 11 agreement did not postpone the §150.002 certificate-of-merit deadline. |
Key Cases Cited
- Ogletree v. Matthews, 262 S.W.3d 316 (Tex. 2007) (inextricably intertwined denial of dismissal and extension; review not allowed)
- Badiga v. Lopez, 274 S.W.3d 681 (Tex. 2009) (extension not required to be reviewable when dismissal ruling stands apart from extension)
- Jernigan v. Langley, 111 S.W.3d 153 (Tex. 2003) (waiver analysis for non-jurisdictional filing requirements; conduct may show waiver)
- Murphy v. Gutierrez, 374 S.W.3d 627 (Tex. App.—Fort Worth 2012) (recognition of waiver theories under §150.002(e))
- Apex Geoscience, Inc. v. Arden Texarkana, LLC, 370 S.W.3d 14 (Tex. App.—Texarkana 2012) (good-cause interpretation in context of deadlines)