Mercure Co., NV v. Rowland

OPINION

WARREN, Justice.

This is an appeal from the trial court’s judgment of dismissal.

In a single point of error (with seven subparts), the appellant, Mercure, asserts that the trial court abused its discretion in ordering a dismissal of the lawsuit. In a single crosspoint, the appellees allege that we erred in overruling the appellees’ motion to dismiss this appeal because the appellant elected to pursue an alternative remedy by refiling the same suit, thereby waiving this appeal.

On November 29, 1978, Century, as agent for Mercure, entered into a written agreement to lease office space to…