COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00166-CV

Foundation Assessment, Inc., d/b/a § From County Court at Law No. 2 Engineering Design & Assessment, and Suraj K. Choudhury § of Tarrant County (2011-002592-2) v. § March 6, 2014 Suzanne O’Connor § Opinion by Justice Walker

JUDGMENT This court has considered the record on appeal in this case and holds that there was error in the trial court’s judgment. It is ordered that the trial court’s order denying appellants’ motion to dismiss is reversed and the case is remanded to the trial court for entry of an order granting appellants’ motion after it determines whether the dismissal should be with or without prejudice.

It is further ordered that Suzanne O’Connor shall pay all of the costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS By _________________________________ Justice Sue Walker