"; " We are the only bunker manufacturer that fabricates our very own blast doors in house." We overrule Atlas's second issue. At Rising S Company LLC we pride ourselves in using the highest quality PRODUCTS. Your questions, comments and suggestions are always welcome and will be considered even if we don't agree with them. Texas Rule of Appellate Procedure 26.3 allows a party to move to extend the time to perfect an appeal if he acts within fifteen days after expiration of the deadline for filing the notice. R. APP. The statute contemplates that the amount and quality of evidence available at the time the motion is filed will be less than that available at trial on the merits or even at the summary-judgment stage. & REM. I suspect Ron at Atlas genuinely believes Rising S is a subpar product and is going after them for what he considers legitimate faults on their shelter design rather than it being a matter of marketing, although I can't say for sure. PRAC. One thing I appreciate about the Atlas videos is that they accurately demonstrate the truth about bunkers: They're a great way to take a very large sum of money and flush it down the toilet. 27.001(3), TEX. Rising S Company installer chose the site, cleared off two feet of grade from the topsoil ( I have an expert report confirming that fact), dug the hole too deep and had to use more concrete to cover it, (which they tried to make me pay for), then they pushed all the excavated dirt to one side and made a "hill" where all the rain water runs over the top door of my underground bunker and the door leaks (also confirmed by an expert). Gen. Laws 960, 962 (amended 2019) (current version at TEX. Regarding the fourth element, Atlas contends the intended audience was neither actual nor potential Atlas customers. CODE ANN. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. See TEX. Corporate Advocacy Business Remediation and Customer Satisfaction Program. As proof, Prewit and Hubbard showed a printout of Scotts criminal record. 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. PRAC. PRAC. In support of this argument, Atlas relies only on the version of Section 27.006(a) that went into effect on September 1, 2019, four months after Scott file this suit against Atlas. Commercial Speech Exemption. 21.001(3). R. APP. & REM. PRAC. Gen. Laws. Tell us has your experience with this business or person been good? TEOTWAWKI doesn't mean you can't still have it all. If you would like to see more Rip-off Reports on this company/individual, search here: Read more reports about Rising S Company TRUSTED Business | Verified Safebusinesses consumers can trust. Atlas contends the statements cannot be barred merely because they have a connection to a commercial competitor. CIV. App.Tyler 2017, no pet.). 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Luxury bunker builders and their teams know where everyones bunkers are located. Atlas has not shown surprise. CIV. 27.006; Hersh v. Tatum , 526 S.W.3d 462, 467 (Tex. Act of May 21, 2011, 82nd Leg., R.S., ch. The author of the Ripoff Report below never responded to our offer to help them. Gen. Laws 960, 962 (amended 2019) (current version at TEX. Bogus Celebrity Advertisements FACE & Skin CREAM Ripoff! It further argues that the comparisons made between Scott's products and Atlas's products help to establish Atlas's and Hubbard's credibility as an expert in the field of disaster preparedness, show the proper means to construct bunkers to avoid certain issues, and serve as a demonstration of how a subterranean survival shelter should operate if properly constructed and installed. 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." 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. There are so many false claims, I don't know where to begin. Rising S bunkers range from $40,000 to well over $8 million. PRAC. Scott further alleged that Atlas made the comments for the malicious purpose of injuring Rising S's business reputation. Again, the fact that there are differences in the products made by Scott and Atlas does not lead to the conclusion that wholly different groups constitute the actual or potential customers of each company. 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. Id. We provide the highest quality shelters and bunkers to customers from all over the world. No definition of maintenance, no written manual or documents, but they defined it themselves to the BBB as the customer is responsible for their bad installation, yet they write on their website "Highest quality engineering coupled with Expert Installation". Matteson , Inc., 594 S.W.3d 573, 588-89 (Tex. CIV. 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. CODE ANN. Metro. & REM. PRAC. CODE ANN. It may not be copied without the written permission of Ripoff Report. Atlas answered and moved to dismiss the suit pursuant to the TCPA. The statute in effect at the time this suit was filed did not provide a deadline for filing evidence. PRAC. Rising S Bunkers is Americas biggest manufacturer of ALL steel underground bunkers, storm shelters, safe rooms, blast doors, and bomb shelters. Repackaged from Purchased from Amazon, stealing all certifications and false manufacturing markers from the packaging of NB food supplements. Atlas vs the competitor: a side-by-side comparison. Even if the appeal deadline was on October 15, which was twenty days after the motion to dismiss was denied by operation of law, Atlas's October 22 notice of appeal was filed within fifteen days of that date. It's a lot of money for a product no one is supposed to see, and no one really wants a reason to use. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. 03-18-00804-CV, 2020 WL 4726599, at *6 (Tex. denied). In its petition, Scott alleges it and Atlas are direct competitors. I think they are being honest, but I think its also important to remember what these companies are providing. They also told the BBB that their doors are "weatherproof" not "waterproof". See TEX. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. The decretal portion of the order provides as follows: "IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that the Defendant's MOTION TO DISMISS is hereby DENIED." CODE ANN. Copyright 1997-2023 Ripoff Report. 27.005(d)); Castleman , 546 S.W.3d at 691. 378, 12, 2019 Tex. It means that every complaint will be taken seriously, and every customer will be treated fairly and with respect. 2020, pet. Atlas filed its notice of appeal on October 22, 2019. I wonder what Matt is alluding to when he talks about problems with Ron. CIV. Rising S Company is confident about their shelters craftsmanship and engineering, so you can be too. Specifically, it complains that the court responded to only three of four criteria that should be addressed, and the court contradicted itself by stating that the commercial speech exemption is established but that Atlas failed to show by a preponderance of the evidence that Scott's claim is based on, relates to, or is responsive to a protected right of Atlas. TEX. Are these those prefab bunkers you can buy and sink yourself with enough money? Someone is always going to be unhappy, and some of these complaints will be legitimate while others will not. In deciding whether the nonmovant has satisfied that burden, the scope of our review includes the pleadings and any supporting affidavits, both of which are taken as evidence in the TCPA context. Justia US Law Case Law Texas Case Law Texas Court of Appeals, Twelfth District Decisions 2020 Atlas Survival Shelters, LLC v. Clyde Scott and Rising S Company, LLC Appeal from 294th District Cou. However, Scott's cause of action for fraudulent misrepresentation concerns a phone call made by Ron Hubbard to Scott's attorney in which Hubbard claimed to be an attorney and discussed settlement of the case. & REM. City of Houston , 976 S.W.2d 676, 677 (Tex. Oct. 13, 2015, pet. CODE ANN. Under the floor storage Under the floor storage can only be used to hold a few items due to it's curved nature. 341, 2, 2011 Tex. A program that benefits the consumer, assures them of complete satisfaction and confidence when doing business with a member business. NO. Millionaire Survivalists in Film Part 4. At the conclusion of the hearing, the court did not rule on the motion and stated it was taking the motion under advisement to review the pleadings and evidence, including the videos in question. Rising S Company leads the industry in innovation and engineering underground shelters. Dont click on those slick Ads! Why do they hate each other and are either of them being honest on how subpar their rivals products are? I paid $45,000 up front for them to build my NBC (Nuclear, Biological, Chemical) underground bunker, including delivery and installation. Rather, the decretal provisions of the judgment control. R. CIV. App.Austin 2019, no pet.). 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. West Palm Beach Florida, Tuffy Tire & Auto Service Center Mavis Tire & Brake Charged Nearly $700 for Non-Fix Bay City Michigan, Lighting New York lighting by Jared Sent damaged product wont refund after I sent back damaged product website description is fake, Tara U THEY SCAM THOUSANDS OF PEOPLE WITH THEIR FLOWER ORDERS. Rising S Company Verified TRUSTED Business REVIEW: Rising S Company is dedicated to total customer satisfaction. See Act of May 21, 2011, 82nd Leg., R.S., ch. There is no statutory authority for this court to review the denial of Atlas's motion to strike. Those who respond to Ripoff report with a valid complaint must be take care of. 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