Van Polen v. Wisch

OPINION

MARGARET GARNER MIRABAL, Justice.

This is an appeal by plaintiffs, Edward Van Polen, Anita Van Polen, and Robert Hinojosa, from a take-nothing summary judgment rendered in favor of defendant, Steven A. Wisch, in a suit alleging breach of contract. We reverse in part and affirm in part.

The following facts are undisputed:(1) On June 3, 1994, Hinojosa was placed on 10 years deferred adjudication for delivery of between five and 50 pounds of marihuana.(2) Subsequently, the State filed a Motion to Adjudicate Hinojosa’s guilt based on his violation of the conditions of probation, including…