Certificate of Merit Decision

In Texas in the case of Kudela & Weinheimer, LP v De Dios Arriaga, 2023 Tex. App. LEXIS 3186 (Tex. App. May 11,2023 a valet was injured when his was struck by a car in the driveway of an apartment building while he was trying to retrieve keys that had been dropped from a storm drain.? He sued others initially with an engineer’s certificate of merit.? There was later an amendment to the lawsuit that added the architect and the landscape architect without an updated certificate of merit as required under § 150.002. Certificate of Merit statute.? Both filed Motions to Dismiss asserting the Arriagas failedto timely file a proper certificate of merit.? The trial court denied the Motion.? The appellate court reversed in relation to the landscape architect, but not the architect as the amended complaint included an affidavit from an architect despite the fact it was late.? They found there was a late filing exception, and that the architect who did not practice architecture and failed to specify the breach alleged.