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THUESEN v. AMERISURE INS. CO.

NO. 14-14-00666-CV.

487 S.W.3d 291 (2016)

Mark THUESEN, Appellant v. AMERISURE INSURANCE COMPANY, Swamplot Industries L.L.C., Laurence David Albert, Beth Anne Brinsdon, Doyle Raizner, L.L.P., Michael Patrick Doyle, and Jeffrey Lewis Raizner, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Opinion filed February 9, 2016.

Attorney(s) appearing for the Case

Mark Thuesen , Houston, TX, for Appellant.

Matthew Birk Baumgartner , James A. Hemphill , Austin, TX, Zandra Foley , Houston, TX, for Appellees.

Panel consists of Chief Justice Frost and Justices Jamison and Busby.

OPINION

This appeal presents an interesting issue of first impression under Texas Rule of Civil Procedure 91a, a rule adopted in 2013 governing dismissal of baseless claims. At issue is whether a trial court may consider a Rule 91a movant a "prevailing party" entitled to attorney's fees under the rule...

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