In Re One Way Concrete, LLC and One Way Concrete Construction, LLC, Relators v. the State of Texas
07-25-00181-CV
| Tex. App. | Jul 16, 2025Background
- On April 20, 2022, the Horseshoe Fire in Potter County, Texas, caused property damage for multiple plaintiffs (the Barretts and others).
- Plaintiffs initially sued Blackstone Concrete Ventures and later joined One Way Concrete, LLC as a defendant in February 2024.
- The legal dispute centers on One Way’s attempt to designate FC Traffic Control as a responsible third party after the limitations period expired.
- Initial discovery disclosures from One Way, which identified FC Traffic as a responsible third party, were served on May 22, 2024—about a month after the two-year statute of limitations ended.
- Plaintiffs opposed One Way’s request, resulting in the trial court denying the motion to add FC Traffic as a responsible third party.
- One Way sought a writ of mandamus to overturn the order; the appellate court reviewed whether the trial court abused its discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a post-limitations disclosure bars third party designation | One Way missed mandatory, timely disclosure | Delay was plaintiffs’ fault for late joinder | Post-limitations disclosure bars designation |
| Applicability of §33.004(d) Texas Civ. Prac. & Rem. Code | Bar applies if timely disclosure not made | Cited Mobile Mini for exception when sued late | Exception inapplicable; disclosure was possible |
| Timeliness of initial disclosures under Rule 194.2 | Deadline was before limitations expired | No request for extension; served after period | Disclosure untimely, thus designation barred |
| Whether the court abused discretion denying the motion | No abuse; rules clearly limit designation | Argued trial court erred in applying the law | No abuse; court correctly applied the law |
Key Cases Cited
- In re Bustamante, 510 S.W.3d 732 (Tex. App.—San Antonio 2016) (timely disclosure of responsible third parties required by limitations deadline)
- In re Bertrand, 602 S.W.3d 691 (Tex. App.—Fort Worth 2020) (defendant precluded from third party designation if duty to disclose before limitations and fails to do so)
- In re EAN Holdings, LLC, 697 S.W.3d 407 (Tex. App.—El Paso 2024) (timing of disclosure duty under Rule 194.2 controlled by limitations period)