Atlas asserts that the parties sell similar, but not identical, products, apparently insinuating the two companies would have a different customer base. Who's crazy enough to start this website? Britt , 241 S.W.3d 672, 676 (Tex. 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. Why do they hate each other and are either of them being honest on how subpar their rivals products are? Consumers can feel safe confident and secure when doing business with Rising S Company. Rising S Company - Bunkers and Shelters Clyde Wayne Scott, Managing Partner Gary Lynch, Murchison Texas, ABOUT THE RIPOFF REPORT BELOW:Ripoff Report would like to let readers know that Ripoff Report emailed this customer, so the member business could make things right with them. Patients made into prostitutes and sex slaves, bilking insurance companies out of millions, Sac_County Iowa Prosecutor Ben Smith pays $750,000 to settle Ripoff Report 1983 civil rights lawsuit.. Federal Judge stops prosecutors abuse of power against ED Magedson Founder of Ripoff Report. All rights reserved. PRAC. Gary Lynch, General Manager. 27.008(a). Thus, it argues, the statements were made to address matters relating to health, safety, environmental well-being, economic well-being, community well-being, or relating to a public figure, or concerning a product in the marketplace. PRAC. 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. Drug Rehab Deception Addiction Treatment Industry Rocked By Fraud & Abuse. Millionaire Survivalists in Film Part 4. Make your practice more effective and efficient with Casetexts legal research suite. The videos were posted to Atlas's YouTube account which Atlas uses to advertise its products and services. Gen. Laws 960, 961 (amended 2019) (current version at TEX. All rights reserved. COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS. CIV. See Act of May 21, 2011, 82nd Leg., R.S., ch. Rising S Company recognized by Ripoff Report Verified as a safe business service. & REM. We discern no abuse of discretion in the trial court's consideration of the videos. 27.001(3). It further asserts that Hubbard's live testimony given at the hearing is inadmissible because Rule 166a prohibits oral testimony. 286 following. 27.006(a), TEX. Regarding the third element, Atlas asserts there is no nexus between the statements and a specific commercial transaction. See TEX. Welcome to the Rising S Company official YouTube channel. Say we owe over $22,000.00 for the rest of their so called contract !!!!!! All three videos were created by Atlas and were previously named as exhibits to Scott's earlier pleadings. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. CODE ANN. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Advertisers above have met our *UPDATE: Rising S Company pledges commitment to Ripoff Report Corporate Advocacy, Business Remediation & Customer Satisfaction Program. Although Atlas did not file a motion to extend time to file the notice of appeal pursuant to Rule 26.3, because it tendered a notice of appeal within that fifteen-day time period beginning October 15, we imply that it filed a motion to extend. Atlas explained its belief that the October 15 written order modified the earlier denial of its motion by operation of law thereby beginning the time to file a notice of appeal on that date, making the notice of appeal timely filed well within the requisite twenty-day period. 341, 2, 2011 Tex. It also explains that, because the videos involved Scott's prior customers discussing Scott's products, the statements do not arise from a commercial transaction involving goods Atlas provided. Follow. Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. NO. See Montiel v . Hieber v. Percheron Holdings , LLC , 591 S.W.3d 208, 211 (Tex. The factual recitations preceding the decretal portion of a judgment form no part of the judgment itself. at 27.008(b). (held that statements regarded a matter of public concern because they relate to the quality of plaintiff's goods). Ron visits a 3-year-old Rising S bunker that costs around $500,000. Ripoff Report Corporate Advocacy Business Remediation & Customer Satisfaction Program -- a program that benefits the consumer, which helps to increase consumer satisfaction and confidence when doing business with a member business Verified By Ripoff Report. In its third issue, Atlas contends the trial court erred in denying its motion to strike Scott's response to his motion to dismiss as untimely. Again, to err on the side of their customer, those from the past and those in the future. Gen. Laws 960, 961-62 (amended 2019); TEX. See TEX. All you will need once completely installed and ready to go are your personal items and food.". It's an interesting idea but aren't there also questions about long term feasibility with them? 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. Be sure to contact us with your questions and comments about any business that is part of the Corporate Advocacy Business Remediation and Customer Satisfaction Program. 27.003(a) (current statute provides that the party responding to motion to dismiss shall file the response not later than seven days before the hearing unless otherwise provided by agreement of the parties or order of the court). PRAC. yBhbL #UggKS:^k&D "uRtq A4z?[ p tseC|#ZE'0:km@P When I first called them and told them my bunker was flooded, they told me it was just "moisture" and its my job to wipe it all up, it could get several feet of moisture inside the bunker. We also value our potential customers, so we take time to discuss our business and products at length with anyone interested in additional security solutions. A bunker would have to be a lot nicer than a shipping box with stairs to really live in. It means if a customer did not receive what they expected, the company will work with that customer to fix the issue. Id. 3) On their FAQ page here's what they state comes with a standard shelter they write: "bunk matresses, stove, water heater, all bed frames, interior walls/doors/hardware, all plumbing fixtures, sinks water filtrations, toilet, shower, shelving, solar charging system, battery/batteries, TV/DVD player, Surveillance cameras, LED lighting, all electrical, cabinets, sofa and dining table (when equipped), NBC air filtration plus many more items. We can verify, that Ripoff Report went to the business, verified their business or work from home business, there for, if a customer in the future does not get treated correctly, Ripoff Report can get the problem resolved. Accordingly, application of an exemption means the nonmovant need not make its prima facie case. Accordingly, based on the liberal standard for considering untimely appeals, we find this court has jurisdiction to hear Atlas's appeal. 2019, pet. I don't have the time or energy to go over all their false statements because there's just too many. 27.003(a)). CIV. 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. Ripoff Report always monitors these emails to insure the member business does what they agreed to. In response, the court stated that it would take judicial notice of all pleadings on file by both the plaintiff and the defendant. (citing Tex. Therefore, Atlas's Rule 166a arguments are inapplicable. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. Celebrity Skin Cream wrinkle cream rip-off advertisements US Based and Foreign companies bilked consumers out of Hundreds of Millions of dollars over the past 7 years. Atlas claims rising s wants the monopoly by using underhanded business tactics, the owner has a history of multiple felonies, and atlas keeps making videos of how shitty rising S bunkers are. Corporate Advocacy Business Remediation and Customer Satisfaction Program. You can call Rising S Company LLC directly at 214-455-0560. The rules of civil procedure allow parties to amend pleadings within seven days of trial with leave of court, which is to be granted unless there is a showing of surprise to the opposite party. P. 26.3. 341, 2, 2011 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. A program that benefits consumers, ensuring complete satisfaction, confidence when doing business with a member business. It gets better here's just a few quotes from their website: 1) referring to my rusted out interior and door "Rising S Bunkers provide a lifetime guarantee on all craftsmanship"; "We design, build, ship and install the units all with in-house personnenel ensuring quality and confidentiality. & REM. 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! CODE ANN. The videos described commercial transactions in which two different customers purchased an underground bunker from Scott. & REM. When invoked, the trial court must consider an exemption's applicability after and in the context of the movant having met its initial burden under the first step of the dismissal process. If the nonmovant fails to satisfy its burden to present a prima facie case, the trial court must dismiss the action. In an interview with Hubbard, Prewit said he came forward with his story not for his own sake, but rather for the safety of the public, who needs to know that this situation is a possibility. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! Ripoff Report has an exclusive license to this report. 27.010; Morrison , 578 S.W.3d at 680. 2003) (per curiam). Scott complained in its petition of two videos posted by Atlas in April 2019 and one posted June 23, after the onset of litigation. We overrule Atlas's fourth issue. |. 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. Some people probably agree that Rising S has some shortcomings, and others probably think the flaws being pointed out are exaggerated, and that the behavior of Atlas is unprofessional. However, they encased my underground bunker in concrete. 4) Refering to my rusted out NBC filtration system they claim to warranty it for replacement "even if the dog chews it up". Id. Its so bad that if you search for Rising S bunkers on youtube, the vast majority of the videos are from Atlas. v. Koseoglu , 233 S.W.3d 835, 840 (Tex. Ripoff Report REVIEW /Commitment to Customer Satisfaction, ALL COMPANIES GET COMPLAINTS, BUT HOW THE COMPANY HANDLES THOSE COMPLAINTS, SEPARATES GOOD BUSINESSES FROM THE REST, RISING S COMPANY CONTINUES TO CLARIFY WHO THEY ARE AND WHAT THEY CAN DO FOR CLIENTS, WHY RISING S COMPANY IS BETTER THAN THEIR COMPETITORS, RISING S COMPANY STATEMENTS FROM THE OWNER CLYDE SCOTT, ANY BUSINESS THAT CAN ADMIT THEY MADE MISTAKES AND CORRECTS THOSE MISTAKES IS A BUSINESS YOU CAN TRUST AND WORTH DOING BUSINESS WITH, STATED IMPROVEMENTS FROM RISING S COMPANY. 27.010(a)(2), TEX. I keep on seeing Rising S trashed but not a single source for anything. Atlas's arguments are based in large part on the current version of Section 27.006(a) which provides that, in considering whether a legal action is subject to or should be dismissed under Chapter 27, the trial court shall consider the pleadings, evidence a court could consider under Texas Rule of Civil Procedure 166a, and supporting and opposing affidavits. v. Tex. 9350 State Highway 31 East Murchison, Texas United States Phone: (214) 893-8007 Web: www.risingsbunkers.com Category: Miscellaneous Companies File your review. PRAC. One video, entitled "Texas Man Spends 33 Months in Prison After Buying Shelter From Rising S Bunkers," featured Hubbard interviewing a man who believed his incarceration was a direct result of . 27.005(d)); Castleman , 546 S.W.3d at 691. In the summer of 2012, Prewit gave Scott $250K to build a bunker. Another video, entitled "Lady in Minnesota and Her Horrible Bomb Shelter," featured Hubbard touring and critiquing a shelter installed by Rising S. Scott sued Atlas for libel and business disparagement based on these two videos. "It's by far, by 20. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 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. The owner of the bunker is having ATLAS change out his air systems, air pipes, escape pat. CIV. What the BBB has done to consumers for over 100 years is one of the many reasons why Ripoff Report was created. Rising S Company leads the industry in innovation and engineering underground shelters. 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. CODE ANN. According to a video Hubbard posted on Atlass YouTube channel, the story began when he received the following letter, which weve very slightly edited for clarity: Ron, my name is Steve Prewit. 1997). TEX. I own a corporation in Midland, Texas, and I am also a professional drag boat driver. 378, 12, 2019 Tex. IN 3 WEEKS THEY SENT 3 OF MY RECIPIENTS DEAD FROZEN TINY BOUQUETS calgary, Ponce motors Deceptive car sales Austin Texas, Nextiva efax overcharged me for an entire year even before the monthly trial expired able to use the service at all. 2017); Hieber , 591 S.W.3d at 211. PRAC. Its the equivalent of Ferrari and Lamborghini yelling at each other over having shitty seats, then proves to the world that they are shitty by finding examples of where they were shitty and making videos about it. (mem. Corporate Advocacy Business Remediation and Customer Satisfaction Program. 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. We are always engineering new and exciting products to meet the standards of all of our customers. The record is clear that the hearing on Atlas's motion to dismiss was held and concluded on August 26 and that an order denying the motion was rendered on October 15. Courtesy of the Rising S Company 'Watch it all burn' Interest around underground bunkers for the wealthy and the prepared tends to soar in times . CODE ANN. 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! All rights reserved. It may not be copied without the written permission of Ripoff Report. CODE ANN. 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). Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. Regarding the videos, their admission was within the trial court's discretion. PRAC. P. 47.1; Hieber , 591 S.W.3d at 213. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. PRAC. See Morrison , 578 S.W.3d at 683 ("A defendant's online review of a competitor's sale and installation of the same product sold and installed by the defendant is a statement that meets" the third element of the commercial speech exemption.). & REM. He further claims Scott rolled on him to the FBI, falsely claiming to them that Prewit had a 40-man militia that called him Colonel. The next time they came out they had an FBI agent among their crew members. Atlas Survival Shelters, LLC appeals the denial of its motion to dismiss the libel suit brought by Clyde Scott and Rising S Company, LLC (collectively Scott). 19-00111). By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. Scott also alleged that, "[a]t all times in the Original Videos, Mr. Hubbard is acting in his capacity as owner and representative of Defendant." 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