S & D GROUP, INC. v. Talamas

I respectfully concur with the majority’s opinion in this cause. However, I find the majority’s disposition of appellants’ third point of error, and subsequently, our judgment, to be incomplete. In sustaining appellants’ third point of error, the majority held that the appellant was entitled to a refund of the $12,000.00 security deposit. While I agree with the return of the deposit, I believe that under the pleadings in this cause, and the record before us, the recovery was based on the contractual relationship between the parties arising out of the lease agreement. In this regard, our…