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PACE CONCERTS, LTD. v. RESENDEZ

No. 04-01-00265-CV.

72 S.W.3d 700 (2002)

PACE CONCERTS, LTD., Pace Entertainment Corporation, and SFX Entertainment, Inc., Appellants, v. Raul RESENDEZ d/b/a Resendez & Associates, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled February 7, 2002.

Attorney(s) appearing for the Case

Cynthia Hollingsworth, Joshua S. Roseman, Dallas, Geoffrey H. Bracken, Houston, Gardere Wynne Sewell L.L.P., Emerson Banack, Jr., Langley & Banack, Inc., San Antonio, for appellants.

James E. Willingham, Jr., Law Offices of Pat Maloney, P.C., San Antonio, for appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, and PAUL W. GREEN, Justice.

Opinion by PAUL W. GREEN, Justice.

In this appeal, we are asked to determine whether a plaintiff has the right to take a non-suit after a no-evidence summary judgment hearing but before the trial court's ruling. Appellees, Pace Concerts, Ltd., Pace Entertainment Corporation, and SFX Entertainment, Inc. (collectively referred to as "Pace") contend the trial court erred when it allowed appellant Raul Resendez to take a non-suit because the non-suit was filed after the...

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