Pace Concerts, Ltd. v. Resendez

AFFIRMED 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 hearing on Pace's no-evidence motion for summary judgment and Pace had stated a counterclaim for affirmative relief. We affirm the trial court's judgment.