Mark Polansky and Landrah Polansky, Appellants v. Pezhman Berenji and John Berenjy, Appellees (2012)

Court of Appeals of Texas, Austin.

Mark Polansky and Landrah Polansky, Appellants v. Pezhman Berenji and John Berenjy, Appellees

NO. 03–11–00592–CV

Decided: December 07, 2012

Before Justices Puryear, Pemberton and Henson

C O N C U R R I N G O P I N I O N

I agree with the majority that the trial court erred in purporting to grant summary judgment for appellees as to the Polanskys' claims because the merits of those claims had previously been rendered moot by their nonsuit. Also, because no evidence supported the attorney's fee award against the Polanskys, I agree that appellees must take nothing on that claim.

For these reasons, I concur in the judgment.

Bob Pemberton, Justice

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