Time Out Grocery v. Vanguard Group, Inc.

OPINION

MOSELEY, Justice.

This appeal involves a claim for attorney’s fees based on the wrongful dishonor of a check by the check’s drawer. In three issues, Time Out Grocery claims the trial court erred in denying its motion for summary judgment and granting The Vanguard Group, Inc.’s motion for partial summary judgment on Time Out Grocery’s request for attorney’s fees. For the reasons below, we conclude that Time Out Grocery is not entitled to attorney’s fees under section 38.001 of the Texas Civil Practice and Remedies Code. See Tex. Crv. Prac. & RemlCode Ann. § 38.001(8) (Vernon 1997).…