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Bartosh v. Gulf Health Care Center-Galveston10/11/2005
ram, there was not much a pest control company could do, and it certainly did not have to provide the service for free. Accordingly, we find Bartosh's superior expertise argument to be without merit under the circumstances of this case.
Bartosh has failed to demonstrate that she presented evidence raising a fact issue essential to her right of recovery. See Fin. Review Servs., 29 S.W.3d at 77. The trial court did not err in granting the directed verdict. Bartosh's fourth issue is overruled.
IV. Cross-Point
In its sole cross-point, Gulf Health asserts that because it has already tendered payment of the damages to Bartosh, this court should not award her any additional post-judgment interest after the date of tender, citing TEX. FIN. CODE ANN. ยง 304.005 (Vernon Supp. 2004-05), et al. However, this court does not make any award to Bartosh. We simply affirm the trial court's judgment. Gulf Health does not allege any error in the trial court's judgment. Accordingly, we dismiss its cross-point as moot.
The trial court's judgment is affirmed.
Judgment rendered and Opinion filed October 11, 2005.
Panel consists of Chief Justice Hedges, Justice Anderson, and Senior Justice Mirabal.
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