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