Miramar Petroleum, Inc. v. Cimarron Engineering, LLC
2016 Tex. App. LEXIS 54
Tex. App.2016Background
- This is an interlocutory certificate-of-merit appeal following a prior dismissal without prejudice in Miramar’s suit against Cimarron for a blowout at Sartwelle #1 well.
- Miramar initially filed an amended petition in 2013 without a certificate of merit; Cimarron moved to dismiss under Chapter 150, which the trial court denied.
- We previously held Chapter 150 requires a certificate of merit; on remand the trial court dismissed without prejudice, and Miramar refiled in a sixth amended petition.
- Miramar claimed a time constraint prevented a timely affidavit from a licensed professional; it filed a certificate of merit on May 8, 2015 within the 30-day window under § 150.002(c).
- Cimarron moved to dismiss the refiled claims with prejudice, and the trial court dismissed with prejudice on May 12, 2015 without notice; Miramar appealed.
- The appellate court ultimately held that Miramar complied with § 150.002(c) for the refiled action and that the trial court abused its discretion by dismissing with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal with prejudice was proper | Miramar argues the certificate of merit was timely filed with the refiled petition. | Cimarron contends the certificate was untimely because not filed with the first petition in the action. | Trial court erred; dismissal with prejudice improper. |
Key Cases Cited
- Cimarron Engineering, LLC v. Miramar Petroleum, Inc., 2014 WL 2937012 (Tex.App.—Corpus Christi 2014) (cited for remand and procedural context (not official reporter))
- Starwood Homeowner’s Ass’n, Inc. v. CTL/Thompson Tex., LLC, 461 S.W.3d 627 (Tex.App.—Fort Worth 2015) (discretion to dismiss without prejudice under §150.002)
- Envirobusiness, Inc. v. TIC N. Cent. Dallas 3, L.L.C., 463 S.W.3d 71 (Tex.App.—Dallas 2014) (discusses §150.002(e) and dismissal without prejudice)
- Bruington Engineering, Ltd. v. Pedernal Energy, L.L.C., 456 S.W.3d 181 (Tex.App.—San Antonio 2014) (discretion to dismiss without prejudice limited by §150.002(c))
- Guerra County Mut. Ins. Co. v. Reyna, 709 S.W.2d 647 (Tex. 1986) (upholds reviewing court can rely on correct theories appealed)
- In re Estate of Jones, 197 S.W.3d 894 (Tex.App.—Beaumont 2006) (need to uphold correct trial court judgment on properly presented theories)