McLernon v. Dynegy, Inc.

OPINION

CHARLES W. SEYMORE, Justice.

Appellant, Lawrence A. McLernon, appeals a summary judgment in favor of appellee, Dynegy, Inc., in its suit to recover $2,645,807.60 allegedly due under a promissory note and on McLernon’s coun terclaims for fraud. In a threshold issue, McLernon contends the judgment is not final because the trial court failed to order recovery of an ascertainable amount. Then, in four issues, he contends the trial court erred by granting Dynegy’s motion for summary judgment and denying his cross motion. We affirm summary judgment in favor of Dynegy but modify the judgment…