Bernardo L. Gonzalez v. Momentum Design and Construction, Inc.
The dissenting opinion argues that Momentum Design & Construction, Inc. did not waive its right to pursue a Chapter 150 motion to dismiss, contrary to the majority's finding. It evaluates Momentum's litigation activities over seventeen months, including responding to and initiating discovery, and filing a motion to designate a responsible third party, against Texas Supreme Court precedents on waiver. The dissent concludes that Momentum's actions were not "unequivocally inconsistent" with its right to dismissal, suggesting discovery aimed to bolster its motion and protective measures like designating a third party do not indicate waiver. The judge posits that the delay in filing the motion could be attributed to gathering necessary support or counsel's workload, not an intent to abandon its statutory rights. Therefore, the dissent would affirm the trial court's decision of no waiver.