Supreme Court of Texas Considers Whether ‘Certificate of Merit’ Defect Requires New Suit or May Be Cured by Amended Petition

The Supreme Court of Texas heard argument in Studio e Architecture v. Lindbergh over whether a dismissal without prejudice under Section 150.002 for a missing certificate of merit must be cured by filing a new lawsuit attaching the certificate or may be cured by amending the original pleading to add the certificate.

Mister Alexander, counsel for the petitioner, told the court, “This case presents a straightforward legal question” about whether the defect can be cured by amendment or requires a new action. He said the petitioner’s position is that a dismissal without prejudice returns the parties to the pre-suit status quo and, under controlling precedent, a plaintiff seeking to reinstate claims must file a new cause and then seek consolidation rather than simply filing an amended petition. “Our position is that they don't get the benefit of relation back,” Alexander said, arguing that allowing amendment would…