Smith v. Heard

RICKHOFF, Justice.

This appellate legal malpractice action is based on a prior appeal to this Court. Smith v. Levine, 911 S.W.2d 427 (Tex.App.—San Antonio 1995, writ denied). In this action the Smiths brought suit against their original appellate attorney, Laura D. Heard, alleging malpractice, breach of fiduciary duty, violations of the Texas Deceptive Trade Practices Act and breach of contract. Heard moved for and was granted summary judgment. In two points of error the Smiths complain that the trial court erred in granting summary judgment because there were material issues of fact, and…