3Z Corporation v. Stewart Title Guaranty Company

Appellant, 3Z Corporation, hereinafter called "3Z", brought suit in the trial court below against Stewart Title Guaranty Company, hereinafter called "Stewart Guaranty", and Stewart Title of Montgomery County, Inc., hereinafter called "Stewart Title", under various theories including breach of the Texas Deceptive Trade Practices Act, the Texas Insurance Code, common law fraud, and negligent misrepresentation. Both defendants filed motions for summary judgment which motions were separately granted as to Stewart Guaranty on December 10, 1991, and Stewart Title on December 11, 1991. Appellant was ordered to take nothing and the court held that appellants claims were groundless and brought in bad faith, or brought for the purpose of harassment and awarded $1,500 as reasonable attorneys fees to each appellee. Appellants point of error before this Court is that the trial court erred in granting summary judgments. We affirm the judgment and award of attorneys fees as to Stewart Guaranty, sever the appeal affecting Stewart Title and reverse and remand for trial on the merits.