Leon Springs Gas Co. v. Restaurant Equipment Leasing Co.

OPINION

LOPEZ, Justice.

This appeal concerns the effect of plaintiff’s nonsuit under Rule 162 on defendant’s pending claim for attorney’s fees on a breach of contract claim and pursuant to a counterclaim for sanctions. For the reasons stated in this opinion, we affirm in part, and reverse and remand the remainder of the case to the trial court for further proceedings.

Facts

Restaurant Equipment Leasing Company (“Restaurant Equipment”) leased ice-making machines to Leon Springs Gas Company d/b/a Rudy’s Country Store and Bar-B-Q (“Rudy’s”). Consideration was exchanged. The equipment didn’t work…