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

OPINION

DIANE M. HENSON, Justice.

Appellants Mark and Landrah Polan-sky appeal from the trial court’s order granting summary judgment and awarding attorneys’ fees of $1,000 to appellees Pezhman Berenji and John Berenjy (col-*365leetively, the “Builders”). In two issues, the Polanskys assert that the trial court erred by (1) granting summary judgment after they had nonsuited their claims and (2) awarding attorneys’ fees to the Builders because no legal basis existed for the fee award and the Builders had no affirmative claim for relief or viable motion for fees pending at the time of the nonsuit. We…