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"<p class=\"p1\">ENGlobal fought a Jefferson County court's decision to deny its motion to dismiss a contract suit but had it's appeal shot down by a Beaumont court.</p><br /><p class=\"p1\">Texas Ninth District Court of Appeals on Sept. 4 affirmed 172nd District Court Judge Donald Floyd's decision to deny ENGlobal's motion to dismiss.</p><br /><p class=\"p1\">ENGlobal U.S. Inc. and Jefferson Refinery LLC entered a contract whereby ENGlobal agreed to provide consulting and engineering services regarding Jefferson&rsquo;s Texas facility, the Winnie Refinery.&nbsp;</p><br /><p class=\"p1\">ENGlobal subsequently sued Jefferson for suit on a sworn account, breach of contract, quantum meruit, violation of the Prompt Payment Act and lien foreclosure.</p><br /><p class=\"p1\">The suit was filed in Jefferson County in the 172nd District Court.</p><br /><p class=\"p1\">Jefferson filed a counterclaim against ENGlobal, alleging breach of contract, conversion, tortious interference and fraudulent lien.</p><br /><p class=\"p1\">ENGlobal moved to dismiss Jefferson&rsquo;s counterclaim for failure to file a certificate of merit. The trial court granted the motion and dismissed Jefferson&rsquo;s claims without prejudice.</p><br /><p class=\"p1\">When Jefferson filed an amended counterclaim with a certificate of merit, ENGlobal moved to dismiss on grounds that the certificate was insufficient.</p><br /><p class=\"p1\">\"In this case, Jefferson, the defendant, filed a counterclaim against ENGlobal. Because section 150.002&rsquo;s certificate of merit requirement applies to the party who&nbsp;initiates the action or suit, and does not apply to a party who asserts claims or causes of action within that suit, such as a counter-claimant, Jefferson was not required to comply with section 150.002,\" wrote&nbsp;Chief Justice Steve McKeithen.</p><br /><p class=\"p1\">The trial court denied ENGlobal&rsquo;s motion.</p><br /><p class=\"p1\">In the appeal to the Texas Ninth District of Court of Appeals in Beaumont, ENGlobal presented two appellate issues challenging the denial of its motion to dismiss.</p><br /><p class=\"p1\">\"We affirm the trial court&rsquo;s order denying ENGlobal&rsquo;s motion to dismiss,\" wrote McKeithen.</p><br /><p class=\"p1\"><em>Jefferson County Case No. E194-140</em></p><br /><p class=\"p1\"><em>Appeals Court Case No. 09-14-00120-CV.</em></p>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://setexasrecord.com/stories/510624533-englobal-denied-motion-to-dismiss-by-appeals-court>