Taliaferro v. Smith

OPINION

SEARS, Justice.

This is an appeal from a summary judgment granted in favor of appellees, A. Dalton Smith, Jr., Park Club, Inc., DSI Construction, Inc., and Park Club Ltd. In one point of error, appellant claims the trial court erred in refusing to grant his nonsuit and in granting appellees’ motion for summary judgment. We reverse and remand.

Appellant sued appellees for breach of a partnership agreement, fraud, and conversion. Appellant filed a notice of lis pen-dens for certain real property allegedly owned by the partnership and in which he claimed an interest. Appellees filed a…