Mark Polansky and Landrah Polansky v. Pezhman Berenji and John Berenjy

CourtCourt of Appeals of Texas
DecidedDecember 7, 2012
Docket03-11-00592-CV
StatusPublished

This text of Mark Polansky and Landrah Polansky v. Pezhman Berenji and John Berenjy (Mark Polansky and Landrah Polansky v. Pezhman Berenji and John Berenjy) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark Polansky and Landrah Polansky v. Pezhman Berenji and John Berenjy, (Tex. Ct. App. 2012).

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN




NO. 03-11-00592-CV

Mark Polansky and Landrah Polansky, Appellants



v.



Pezhman Berenji and John Berenjy, Appellees



FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY

NO. 10-1472-CC4, HONORABLE JOHN MCMASTER, JUDGE PRESIDING

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

Before Justices Puryear, Pemberton and Henson

Filed: December 7, 2012

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Mark Polansky and Landrah Polansky v. Pezhman Berenji and John Berenjy, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-polansky-and-landrah-polansky-v-pezhman-beren-texapp-2012.