Rights to RTPs

In In re Turtle Creek North Condo Mgmnt Assoc., the Fifth District addressed the issue of designating responsible third parties (RTPs) in a lawsuit concerning water damage in a condominium unit. The court found that the trial judge abused his discretion by denying the relators’ motion to designate RTPs.

The relators moved to designate sixteen other condominium residents and three contractors as RTPs, arguing that these parties contributed to the water damage. Specifically, that the contractors did negligent work on the refrigerator water line connection, and that the residents owned units adjacent to the plaintiff’s and breached their duties to mitigate water intrusion originating in their respective units.

The Fifth Court held that the relators’ allegations were sufficient to meet the fair-notice standard. It also rejected an objection that the relators had not produced evidence to support the RTPs’ inclusion, clarifying that such an evidence-based challenge is premature at the motion-for-leave-to-designate stage.No. 05-24-00990-CV, Nov. 27, 2024 (mem. op.).