Kotzur v. Kelly

OPINION

KEYS, Justice.

This appeal is taken from a summary judgment in a legal malpractice case. Finding the absence of an attorney-client relationship, the trial court granted summary judgment in favor of Kelly, the defendant attorney. Appellants, the Kotzurs, bring three points of error. We reverse and remand for a trial on the merits.

The sole factual issue raised concerns the existence of an attorney-client relationship. By their second point of error, appellants argue that the trial court erred when it considered Kelly’s defective and incompetent summary judgment proof. We agree. Kelly’s…