Thuesen v. Amerisure Insurance Co.

OPINION

Kem Thompson Frost, Chief Justice'1

This appeal presents an interesting issue of first impression under Texas, Rule of Civil Procedure 91a, a rule adopted in 2013 governing dismissal of baseless claims.- At issue is whether a trial court may consider a Rule 91a movant a “prevailing party” entitled to attorney’s fees under the rule if the trial court determines the respondent nonsuited- the claims to avoid an adverse ruling on the 91a motion. We conclude that a trial court may not do so. We also address whether the trial court erred in consolidating two cases, whether the consolidation…