I swear, I’m an LLC

Justice Molberg‘s first appearance as an opinion author in this blog involves Alliance’s allegation that Top Hat was a “a domestic, for-profit limited liability corporation authorized to do business in the State of Texas with its principal office in Ennis, Texas.” Alliance won an award of attorneys’ fees; Top Hat argued that it was an LLC and was thus not subject to CPRC § 38.001. The Fifth Court rejected that argument: “Top Cat did not file a rule 93 verified affidavit denying that it is a corporation as alleged and, therefore, failed to preserve its complaint that it is not an entity against which attorney’s fees may be awarded under section 38.001.” Top Cat Ready Mix LLC v. Alliance Trucking LP, No. 05-18-00175-CV (Jan. 22, 2019) (mem. op.)