Triland Investment Group v. Tiseo Paving Co.

KINKEADE, Justice.

Triland Investment Group appeals from a summary judgment entered in favor of Ti-seo Paving Company for $297,711.60. In two points of error, Triland asserts that the trial court erred in granting Tiseo’s motion for summary judgment based upon the affidavit of Glenn D. Midkiff and because there is a complete lack of competent summary judgment evidence and proof. We disagree. Tiseo presents one cross-point in which it asserts that Triland’s appeal was taken for purposes of delay and, therefore, Tiseo is entitled to damages. We agree.

A written instrument was executed in which…