These videos constitute the heart of the lawsuit and were vital to the questions before the trial court. 36K views 1 year ago Atlas Survival Shelters gives potential buyers of underground bunkers an education in the way Atlas makes its shelters VS the way Rising S does theirs. No matter how and where pressure is applied; the steel exoskeleton frame used in our engineering adds . & REM. In its fourth issue, Atlas contends the trial court erred by improperly allowing Scott's second amended petition and affidavit, the complained-of videos, and live testimony to be considered at the hearing on its motion to dismiss. We now address Scott's contention that the motion to dismiss was properly denied because the libel, business disparagement, and breach of contract claims fall under the TCPA's commercial speech exemption. CODE ANN. During our investigation into the matter, we compared these two luxury bunker building companies to try to determine the truth behind the scandal. Atlas contends its "reviews" were recorded videos with former Scott customers explaining the issues they had with Scott's business, and not attempts to encourage customers to do business with Atlas. & REM. Where there appears to be a discrepancy between the judgment's recital and decretal paragraphs, a trial court's recitals, which precede the decretal portion of the judgment, do not determine the rights and interests of the parties. Nothing to do with any drama. An even better question, why do you care about drama between bunker companies? CODE ANN. Because it did not, the argument continues, the motion was overruled by operation of law on September 25, and any order entered after that date is void. How those businesses take care of those complaints is what separates good businesses from the rest. This is clearly the best option at this point, and its not surprising he would recommend this now that he believes consumers who are buying shelters are potentially in danger due to unethical business practices. Nov. 18, 2020). "All our bunkers and bomb shelters have bullet resistant, fail safe, tamper proof doors ": unless of course, your a drop of rain or a snowflake, then they rust out completely. & REM. Rising S Company 9350 State Hwy 31 E Murchison, TX 75778 Sales: (903) 804-3774 Sales: bunkerfilters@gmail.com Service: (214) 893-8007 Service: steelbunkers@gmail.com Media Request: (903). 27.001(1), (3); Adams v. Starside Custom Builders , LLC , 547 S.W.3d 890, 894-95 (Tex. With a 100% Lifetime welds and craftmanship warranty. Make your practice more effective and efficient with Casetexts legal research suite. Call Us At (214) 455-0560 For A Free Estimate We pride ourselves on customizing each bunker and bomb shelter to meet or exceed the client's specific needs. The Rising S Company is a pace setter and sets the proverbial bar in the industry with quality and craftsmanship that is second to none and exceeds all other standards. The third video is allegedly in violation of the parties' Rule 11 agreement and is the basis of Scott's breach of contract claim. Gen. Laws 960, 962 (amended 2019) (current version at TEX. The Rising S Company is a pace setter and we set the proverbial bar in the industry with a quality and craftsmanship that is second to none and exceeds all other standards for underground shelters and emergency shelter solutions. Dont click on those slick Ads! Atlas's owner, Ron Hubbard, posted two videos to Atlas's YouTube channel in April 2019 in which Hubbard made statements about Scott and Rising S Company. Atlas argues that its statements were unrelated to its capacity as a seller of its bunkers. Therefore, it argues, the October 15 order is not void and if not void, the notice of appeal filed on October 22 is certainly timely. Atlas made a bona fide attempt to invoke the appellate jurisdiction of this court by offering a reasonable explanation for failing to timely file its notice of appeal by October 15, if that was the controlling date. CIV. Ron then went on to claim the information he learned after he spoke to Prewit was so explosive that he sat on it for a year before finally deciding to go public. Scott argues that the TCPA requires the trial court to rule no later than the thirtieth day after the hearing on the motion. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. filed). Sav. March 14, 2019, no pet.) Hanafin , 104 S.W.3d 884, 886 (Tex. PRAC. CODE ANN. While Section 27.005(a) requires a timely ruling on a motion to dismiss, it says nothing about a trial court's plenary power outside the statute's thirty-day deadline. Who is ED Magedson - Founder, Ripoff Report. Can anyone explain the feud between Atlas and Rising S Bunkers? I think they are being honest, but I think its also important to remember what these companies are providing. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this Court that there was no error in the trial court's order. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. Ripoff Report always monitors these emails to insure the member business does what they agreed to. 2017); Hieber , 591 S.W.3d at 211. See Act of May 17, 2019, 86th Leg., R.S., ch. & REM. In the absence of a sufficient showing of surprise by the opposing party, the failure to obtain leave of court when filing a late pleading may be cured by the court's action in considering the amended pleading. denied). All business will get complaints. Atlas also contends there is no nexus between the statements and a commercial transaction. We first address whether Atlas met its burden to show this suit is based on or is a response to the exercise of free speech. Rising S Company leads the industry in innovation and engineering underground shelters. 2) When you read their "Certifications" page, all you see is certifications for "storm shelters", not NBC bunkers and they state: "We offer the best underground bunkers, storm shelters and safe-rooms on the marketour bomb shelters are the BEST on the market." If you would like to see more Rip-off Reports on this company/individual, search here: Advertisers above have met our Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. First of all, the bunker was installed wrong. As always, Ripoff Report cannot guarantee that every customer or employee will always be 100% satisfied in every case, but we promise that if you have any concerns with Rising S Company LLC or any of our Corporate Advocacy Program members, we will do everything we can to see that the issue is addressed quickly and that you are treated fairly and with respect. |. v. L.W. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. 2015). 2007). 01-15-00231-CV, 2016 WL 4253978, at *10 (Tex. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. & REM. How does a business get Ripoff Report Verified. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. 27.005(b). I'm completely out of the loop here. File your review. P. 26.3. Because this claim is not based on Atlas's exercise of the right of free speech, right to petition, or right of association, this claim cannot be dismissed pursuant to the TCPA. R. APP. It is therefore ORDERED, ADJUDGED and DECREED that the order of the court below be in all things affirmed, and that all costs of this appeal are hereby adjudged against the appellant, ATLAS SURVIVAL SHELTERS, LLC, for which execution may issue, and that this decision be certified to the court below for observance. Regardless of the accuracy of Atlas's legal interpretation of the controlling date, it indicates the failure to file within twenty days of the date the motion was overruled by operation of law was not deliberate or intentional, but was the result of inadvertence or mistake, and satisfies the requirement for a reasonable explanation to justify the need for an extension. PRAC. CODE ANN. Moreover, we need not consider the live testimony to determine if the trial court's ruling was appropriate because the allegations in the petition and the videos themselves are sufficient for our review. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! "; " We are the only bunker manufacturer that fabricates our very own blast doors in house." so basically, loud, outspoken dude trash talks competitor and makes a showing oh how great their product is. One consumer claimed to have lost $100,000 after a faulty shelter flooded. & REM. CIV. Corporate Advocacy Program - Verified Status, How To Get Your Report Featured On All Report Pages. ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE RESTRipoff Report Verified .. part of Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program.A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business.. By ED Magedson - Founder, Ripoff Report Rising S Company approached Ripoff Report with the intent of wanting to resolve any customer issues and reports posted on Ripoff Report. 27.006(a), TEX. They have made a commitment that if anyone contacts Ripoff Report in the future, they will make things right within 14 days. Some of those commentators state they will not purchase from Scott and some say they will purchase from Atlas after watching the "Texas Man" video. He owns a company admittedly in competition with Scott. CIV. See TEX. By encouraging viewers to compare products offered by the two companies, Hubbard not only reviewed Scott's products but, simultaneously offered up Atlas's products as the superior alternative. 27.005(b), TEX. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. PRAC. & REM. Commercial Speech Exemption. Well, if that's christian, then they give God and Texas a bad name. Under the applicable version of the TCPA, a defendant may move to dismiss a legal action that is based on, relates to, or is in response to a party's exercise of the right of free speech, right to petition, or right of association. TEX. CIV. CODE ANN. Atlas's owner, Ron Hubbard, posted two videos to Atlas's YouTube channel in April 2019 in which Hubbard made statements about Scott and Rising S Company. Hubbard admits the two companies are competitors and, in the videos, compares the products of the respective companies. Regarding the videos, their admission was within the trial court's discretion. Id. they cannot deliver what they say an insane amount of money Pittsburgh Pennsylvania, Attorney Sharon K. Campbell COLLUDES with Wells Fargo Dallas Texas, BlackSwanCapital.co Black Swan Enterprises Peter Tumbas Black Swan Capital The offered guaranteed low-cost financing if I first stepped in high-cost short term financing New York New York, Geeks Ondemand LLC, Lizeth Lagomarcino Papaleo Geeks Ondemand LLC, The Geeks Mob SCAM! Because Atlas has not shown trial court error, we affirm the trial court's order denying Atlas's motion to dismiss. See Goswami v . On October 15, 2019, the court signed an order denying the motion to dismiss. 27.010(a)(2), TEX. Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. Rising S CompanyVERIFIED TRUSTED BUSINESS REVIEW: Rising S Company is dedicated to customer satisfaction. PRAC. App.Houston [1st Dist.] In reviewing a trial court's ruling, we consider the pleadings and affidavits of the parties. They even publicly declare their company "christian" and state their logo of three crosses on a red hill is for their christian faith. August 11, 2016, no pet.) We are always engineering new and exciting products to meet the standards of all of our customers. 27.008(a). In that response, Atlas provided a reasonable explanation why its appeal was not timely perfected as required by Rule 10.5(b)(1)(C). Atlas counters that the trial court retained plenary jurisdiction after the September 25 denial of the motion to dismiss by operation of law. See Jones v . Ripoff Report | Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. & REM. Below is the information about rising s bunkers lawsuit . 341, 2, 2011 Tex. P. 26.1(b). CODE ANN. Rising S Company leads the industry in innovation and engineering underground shelters. They also told the BBB that their doors are "weatherproof" not "waterproof". 286 following. In re Lipsky , 460 S.W.3d 579, 589 (Tex. CODE ANN. Ron's Bad Bunkers is owned by Rising S, a company that has been thoroughly shown to be acting in bad faith and building deathtraps; I wouldn't trust a word they say. (mem. Your on Reddit everyone cares about the drama. The on-site inspection / review does not mean that the products or services offered by the business have been evaluated or endorsed by Ripoff Report and has not made a determination as to the business' product quality or competency in performing services. , 2016 WL 4253978, at * 10 ( Tex Verified Status, how to Get your Report on... Current version at Tex plaintiff and the defendant Builders, LLC, 547 S.W.3d,... Engineering new and exciting products to meet the standards of all pleadings on file by the. They give God and Texas a bad name compared these two luxury bunker building companies to try determine. 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