Briargrove Park Property Owners, Inc. v. Riner

*268ON MOTION FOR REHEARING

In his motion for rehearing, Stephen Riner insists that the common law rule of tender prohibits Briargrove’s recovery of attorney’s fees. As noted in our original opinion, Riner tendered Briargrove $2,000.00, which was more than the assessments but which did not include costs or attorney’s fees.

Generally, a tender for the full amount of an obligation before suit is filed relieves the obligor of any liability for costs of any subsequent suit on the obligation. 58 Tex.Jur.3d Payment § 17 (1988). When attorney’s fees are authorized on the obligation, however, the tender is…