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ALPERT v. CRAIN, CATON & JAMES, P.C.

Nos. 01-04-00101-CV, 01-04-00484-CV.

178 S.W.3d 398 (2005)

Robert ALPERT, Danro Corporation, and Alba Corporation, Appellants, v. CRAIN, CATON & JAMES, P.C., Darlene Payne Smith and Sharon B. Gardner, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

September 22, 2005.

Attorney(s) appearing for the Case

J. Douglas Sutter, Kelly, Sutter & Kendrick, P.C., Houston, TX, Scott Rothenberg, Law Offices of Scott Rothenberg, Bellaire, TX, for Appellants.

Michael Patrick Morris, Tekell, Book, Matthews & Limmer, L.L.P., Roger Townsend, Susanna Lynn Gooch Dokupil, Alexander, Dubose Jones & Townsend LLP, Houston, TX, for Appellees.

Panel consists of Justices HANKS, HIGLEY and BLAND.

OPINION

JANE BLAND, Justice.

A law firm moved to dismiss this case because Texas law does not recognize a tort action brought against a lawyer by a party opposed to that lawyer's client in litigation. The party responds that he properly pleaded a recognized exception to the general rule. The trial court dismissed the case on special exceptions, and awarded the law firm approximately $13,000 in attorney's fees as a sanction. We agree with the trial court...

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