1836 Surveying & Mapping, Mapping Campbell Land Services, Xavier Sandoval, and Chris Campbell v. Stephen Godinich and Triple Outdoors Ranch, LLC
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledNovember 12, 2026
Docket10-25-00310-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-25-00310-CV
1836 Surveying & Mapping, Mapping Campbell Land Services, Xavier
Sandoval, and Chris Campbell,
Appellants
v.
Stephen Godinich and Triple Outdoors Ranch, LLC,
Appellees
On appeal from the
12th District Court of Walker County, Texas
Judge David W. Moorman, presiding
Trial Court Cause No. 2531746
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
In this accelerated interlocutory appeal, Appellants 1836 Surveying &
Mapping, Mapping Campbell Land Services, Xavier Sandoval, and Chris
Campbell appeal from the trial court’s order denying their motion to dismiss
the claims that Stephen Godinich and Triple Outdoors Ranch, LLC brought
against them because Appellees failed to file a certificate of merit with their
original petition as Section 150.002 of the Texas Civil Practice and Remedies
Code requires. See TEX. CIV. PRAC. & REM. CODE ANN. § 150.002. We reverse
and remand.
Factual and Procedural Background
Appellees filed their original petition on March 3, 2025 asserting claims
against Appellants for breach of contract, professional negligence, gross
negligence, fraud and fraudulent misrepresentation, and violations of the
Deceptive Trade Practices Act. Appellees alleged these claims arose from
Appellants’ provision of services as professional, licensed surveyors on
Appellees’ land. A certificate of merit pursuant to Section 150.002 was not
attached to the original petition. Id.
In response, Appellants filed an original answer on March 31, 2025, and
a motion to dismiss on April 1, 2025. The motion to dismiss asserted that Civil
Practice and Remedies Code Section 150.002 required the trial court to dismiss
the petition because Appellees failed to comply with Section 150.002 by not
attaching a certificate of merit to their original petition. See id. § 150.002(e).
Also on April 1, 2025, but after Appellants filed the motion to dismiss,
Appellees filed a first-amended petition that claimed to invoke an exception
under Civil Practice and Remedies Code Section 150.002(c) and requested
leave to amend in order to file the certificate of merit. See id. § 150.002(c).
Appellees’ first amended petition contends that the invocation of the Section
1836 Surveying & Mapping v. Godinich Page 2
150.002(c) exception was due to an imminent statute of limitations deadline
that placed the earliest accrual date on March 21, 2025, and led Appellees to
file their original petition on March 3, 2025, before this deadline. This pleading
did not have a certificate of merit attached. On April 2, 2025, Appellees filed a
second amended petition that included a certificate of merit for the first time.
On May 13, 2025, the trial court signed an order granting Appellees leave
to amend their petition and attach a certificate of merit. Appellants filed a
motion to set this order aside. The trial court conducted a hearing and denied
Appellants’ motion to set aside the order granting leave to amend. The trial
court later signed an order denying Appellants’ motion to dismiss. Appellants
timely filed this interlocutory appeal in response to the order denying the
motion to dismiss.
Authority
This case involves two standards of review. We review de novo any
question that requires the Court to construe statutory language; we review a
trial court’s order denying a motion to dismiss under Section 150.002 for an
abuse of discretion. See Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433,
437 (Tex. 2009) (citing F.F.P. Operating Partners, L.P. v. Duenez, 237 S.W.3d
680, 683 (Tex. 2007)).
1836 Surveying & Mapping v. Godinich Page 3
Section 150.002, titled “Certificate of Merit,” governs the issue presented
in this case. The relevant statutory provisions include subsections (a), (b), (c),
(e), (f), and (g), which provide:
(a) Except as provided by Subsection (i), in any action or
arbitration proceeding for damages arising out of the provision of
professional services by a licensed or registered professional, a
claimant shall be required to file with the complaint an
affidavit of a third-party licensed architect, licensed professional
engineer, registered landscape architect, or registered professional
land surveyor who:
(1) is competent to testify;
(2) holds the same professional license or registration as the
defendant; and
(3) practices in the area of practice of the defendant and
offers testimony based on the person's:
(A) knowledge;
(B) skill;
(C) experience;
(D) education;
(E) training; and
(F) practice.
(b) The affidavit shall set forth specifically for each theory of
recovery for which damages are sought, the negligence, if any, or
other action, error, or omission of the licensed or registered
professional in providing the professional service, including any
error or omission in providing advice, judgment, opinion, or a
similar professional skill claimed to exist and the factual basis for
each such claim. The third-party licensed architect, licensed
professional engineer, registered landscape architect, or registered
professional land surveyor shall be licensed or registered in this
state and actively engaged in the practice of architecture,
engineering, or surveying.
(c) The contemporaneous filing requirement of Subsection (a) shall
not apply to any case in which the period of limitation will expire
within 10 days of the date of filing and, because of such time
1836 Surveying & Mapping v. Godinich Page 4
constraints, a claimant has alleged that an affidavit of a third-
party licensed architect, licensed professional engineer, registered
landscape architect, or registered professional land surveyor could
not be prepared. In such cases, the claimant shall have 30 days
after the filing of the complaint to supplement the pleadings with
the affidavit. The trial court may, on motion, after hearing and for
good cause, extend such time as it shall determine justice requires.
(e) A claimant's failure to file the affidavit in accordance
with this section shall result in dismissal of the complaint
against the defendant. This dismissal may be with
prejudice.
(f) An order granting or denying a motion for dismissal is
immediately appealable as an interlocutory order.
(g) This statute shall not be construed to extend any applicable
period of limitation or repose.
TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(a)–(c), (e)–(g) (emphasis added).
Issue Presented
Appellants’ sole issue on appeal is whether the trial court erred in
denying their motion to dismiss, which we review as an abuse of discretion.
Barron, Stark & Swift Consulting Engineers, LP v. First Baptist Church,
Vidor, 551 S.W.3d 320, 322 (Tex. App.—Beaumont 2018, no pet.). Appellees
contend that we do not have jurisdiction because the issue was moot at the
time the trial court denied Appellants’ motion to dismiss. Before addressing
the merit of Appellants’ sole issue, we must first address Appellees’ argument
relating to jurisdiction.
1836 Surveying & Mapping v. Godinich Page 5
I. Jurisdiction
Appellees argue the issue of dismissal was moot when the trial court
entered judgment because the petition was amended prior to the hearing.
Because mootness implicates this Court’s jurisdiction, we must address it first.
See Matthews, ex rel. M.M. v. Kountze Indep. Sch. Dist., 484 S.W.3d 416, 418
(Tex. 2016).
Appellate courts have jurisdiction to consider immediate interlocutory
appeals only where a statute expressly confers jurisdiction. Tex. A & M Univ.
Sys. v. Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007) (citing Stary v. DeBord, 967
S.W.2d 352, 352–53 (Tex. 1998)). Here, Section 150.002(f) states that “an order
granting or denying a motion for dismissal is immediately appealable as an
interlocutory order.” TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(f).
Appellees contend that their second amended petition, which included a
certificate of merit, cured the defect and rendered this appeal moot, leaving no
relief for this Court to grant.
This specific question of jurisdiction, as presented here, requires the
Court to construe statutory language and is accordingly reviewed de novo. See
Entergy, 282 S.W.3d at 437. Section 150.002(f) makes “an order granting or
1836 Surveying & Mapping v. Godinich Page 6
denying a motion for dismissal” immediately appealable, with no exception
listed. TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(f).
To conclude we lack jurisdiction would require us to find an exception to
Section 150.002(f) that the statute does not contain. See id. When the language
of a statute is clear, no further inquiry remains. See Brown v. City of Houston,
660 S.W.3d 749, 752 (Tex. 2023). In addition, we read the statute under the
presumption that the Legislature chose this language with care, purposefully
including each word and omitting those not included. Third Coast Servs., LLC
v. Castaneda, 726 S.W.3d 201, 206 (Tex. 2025) (quoting Rogers v. Bagley, 623
S.W.3d 343, 352 (Tex. 2021)). Because the Legislature did not include language
limiting appellate review to certain denials of a motion to dismiss, we presume
this was done with intention.
Additionally, the Supreme Court of Texas has held that an interlocutory
appeal survives as long as a claim for affirmative relief still exists. See
CTL/Thompson Tex., LLC v. Starwood Homeowner's Ass'n, Inc., 390 S.W.3d
299, 300 (Tex. 2013). In CTL, an interlocutory appeal under Section 150.002
survived where the plaintiff nonsuited its original claims against the
defendant because a defendant’s motion for sanctions is affirmative relief that
survives a nonsuit. Id. The Supreme Court of Texas held that dismissal with
prejudice is a statutorily mandated sanction, which allowed the defendant’s
1836 Surveying & Mapping v. Godinich Page 7
interlocutory appeal to survive the nonsuit. Id. The Court also held that the
nonsuit did not moot the appeal because of the possibility that the denial of
affirmative relief was an abuse of discretion. Id. at 301. In this case, the
possibility that the denial of relief was an abuse of discretion, from which
Appellants sought dismissal with prejudice, prevents this appeal from
becoming moot, as the issue of with or without prejudice remains. Accordingly,
we find that this Court has jurisdiction.
II. Discussion
Having found that this Court has jurisdiction, this Court must now
decide whether the trial court erred in denying Appellants’ motion to dismiss.
The fact that Appellants are registered professional surveyors under Section
150.002 is undisputed. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 150.001(1-c),
150.002(a). Because Appellants are registered professional surveyors, and
Appellees’ claims arise from the provision of those professional services,
Section 150.002(a) required Appellees to file a certificate of merit with their
original petition. Id. § 150.002(a). Appellees failed to do so. Under Section
150.002(e), a claimant’s failure to file the certificate of merit with the complaint
shall result in dismissal of the complaint against the defendant, with discretion
left to the trial court to decide if dismissal is with or without prejudice. Id.
§ 150.002(e) (emphasis added). For purposes of Section 150.002, a “complaint”
1836 Surveying & Mapping v. Godinich Page 8
is defined as “any petition or other pleading which, for the first time, raises a
claim against a licensed or registered professional for damages arising out of
the provision of professional services by the licensed or registered
professional.” Id. § 150.001(1-b) (emphasis added). Therefore, the first-filed
pleading that raises a claim against a professional under Section 150.002
constitutes the “complaint” and requires a plaintiff attach a certificate of merit
to that pleading. Id. § 150.002(a); See TIC N. Cent. Dallas 3, L.L.C. v.
Envirobusiness, Inc., 463 S.W.3d 71, 76 (Tex. App.—Dallas 2014, pet. denied)
(noting that courts of appeals “have uniformly construed this language as
requiring the plaintiff to file the certificate of merit with the first-filed petition”
(internal quotation marks omitted)). Appellees’ original petition is the
“complaint” because it was the first pleading to raise claims under Section
150.002 against Appellants. See TEX. CIV. PRAC. & REM. CODE ANN.
§§ 150.001(1-b), 150.002(a). Appellees’ subsequent amended petitions do not
change this status.
Appellees also contend that the trial court was correct in denying the
motion to dismiss because of the exception carved out in Subsection (c) relating
to the statute of limitations. See id. § 150.002(c). Subsection (c) is a two-part,
limited exception that excuses the contemporaneous filing requirement in
Subsection (a) when: (1) the statute of limitations expires within 10 days of the
1836 Surveying & Mapping v. Godinich Page 9
date of filing the complaint as set forth above; and (2) the claimant alleges the
certificate of merit could not be prepared because of such time constraints. Id.
§ 150.002(c); Crosstex Energy Services, L.P. v. Pro Plus, Inc., 430 S.W.3d 384,
390 (Tex. 2014). If both prongs are satisfied, the plaintiff shall receive an
extension of thirty days. See TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(c).
Upon motion, the trial court has discretion to extend the thirty days for good
cause as justice may require. Id. § 150.002(c). The “good cause” exception does
not stand alone and may only protect plaintiffs who satisfy the preliminary
requirements of Subsection (c). Crosstex, 430 S.W.3d at 391. This is because of
Subsection (g), which states that the statute “shall not be construed to extend
any applicable period of limitation or repose.” See TEX. CIV. PRAC. & REM. CODE
ANN. § 150.002(g). The initial complaint was the original petition filed on
March 3, 2025. That date was more than 10 days prior to the statute of
limitations expiration. Accordingly, Subsection (c) does not apply and cannot
protect Appellees under the “good cause” exception or offer additional time to
cure their filing defect. See Crosstex, 430 S.W.3d at 391. Any additional time
offered by the trial court was an abuse of discretion under the statutory
requirements of Section 150.002. See TEX. CIV. PRAC. & REM. CODE ANN.
§ 150.002(c).
1836 Surveying & Mapping v. Godinich Page 10
Appellees also rely heavily on Studio E. Architecture & Interiors, Inc. v.
Lehmberg, 741 S.W.3d 67, 70 (Tex. 2026). In Studio E, the Supreme Court of
Texas held that Section 150.002 claims dismissed without prejudice may be
reasserted against defendants through an amended petition when a “plaintiff
has asserted claims against other defendants that have not been dismissed.” Id.
at 72 (emphasis added). This case is distinguishable from Studio E because
Appellees did not assert claims against other defendants.
Appellees also argue that their claims for breach of contract, fraud and
fraudulent misrepresentation, and violations of the Deceptive Trade Practices
Act are outside the scope of Section 150.002. However, Subsection (a) provides
that a certificate of merit is required “in any action or arbitration proceeding
for damages arising out of the provision of professional services by a licensed or
registered professional.” TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(a)
(emphasis added). The language “arising out of the provision of professional
services” replaced the statute’s earlier language, “for damages alleging
professional negligence.” Act of May 27, 2005, 79th Leg., R.S., ch. 189, § 2, 2005
Tex. Gen. Laws 348, 348 (amended 2005, 2009, 2019, 2023) (current version at
TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(a)). We presume the Legislature
did this with intention. See Third Coast, 726 S.W.3d at 206. This revision
statutorily expanded the claims that Section 150.002 encompasses beyond
1836 Surveying & Mapping v. Godinich Page 11
professional negligence. In addition to the statute, this Court has held that the
determination of whether a claim is subject to Section 150.002 is not based
upon labels. Instead, we look at “whether the underlying complaint alleges an
injury caused by a breach of the duty owed to the plaintiff as a result of the
defendant's engagement as a professional.” Geotel Eng'g, Inc. v. Hyde, No. 10-
10-00153-CV, 2010 WL 5419018, at *2 (Tex. App.—Waco Dec. 29, 2010, no pet.)
(mem. op.). Because each of Appellees’ claims arise from Appellants’ provision
of professional services as land surveyors, we conclude that each is subject to
Section 150.002. TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(a); See Geotel
Eng'g, 2010 WL 5419018, at *2.
Accordingly, the trial court abused its discretion in denying Appellants’
motion to dismiss. Appellants’ sole issue is sustained.
Conclusion
We reverse the trial court’s order denying Appellants’ motion to dismiss
and remand this proceeding to the trial court for further proceedings.
Appellees’ motion to expedite submission and disposition is dismissed as moot.
LEE HARRIS
Justice
1836 Surveying & Mapping v. Godinich Page 12
OPINION DELIVERED and FILED: November 12, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Reversed and remanded
Motion dismissed as moot
CV06
1836 Surveying & Mapping v. Godinich Page 13