Franchise Stores Realty Corp. v. Dakri

OPINION

COHEN, Justice.

Dakri sued Franchise and Southwest Ice Cream Distributors, Inc. (hereafter “Southwest”) for rent due under a lease between Dakri and Franchise. Dakri took a nonsuit against Southwest. Cross-motions for summary judgment were filed, and the trial court granted partial summary judgment on liability to Dakri. The parties later stipulated to damages of $31,520 and attorney’s fees of $13,750.

Franchise’s four points of error contend that the trial court erred in granting summary judgment for Dakri and in denying its motion for summary judgment.

Dakri leased property to Franchise…