concurring.
Appellee Entis Mechanical Services, L.L.C. is not entitled to summary judgment on its fraudulent-lien claim against appellant Andy Gray because the summary-judgment evidence does not conclusively prove that Gray intended to cause Entis financial injury. But in making this determination, the majority relies upon a conclusion that is unnecessary and inaccurate.
Entis filed suit against Gray asserting a claim under section 12.002 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prao. & Rem.Code Ann. § 12.002(a) (West Supp. 2010). To recover on this claim, Entis had to prove, among other things, that Gray made, presented, or used a document or other record with “intent to cause [Entis] to suffer: (A) physical injury; (B) financial injury; or (C) mental anguish or emotional distress.” Id. § 12.002(a)(3). Though not mentioned in the majority opinion, Entis did not allege in its petition or summary-judgment motion that Gray intended to cause Entis physical injury, mental anguish, or emotional distress. Because Entis limited its statutory claim to only one of the three possibilities in section 12.002(a)(3), this court need not consider or analyze the other two. See Id.
Nonetheless, the trial court erred in granting summary judgment because the summary-judgment evidence does not conclusively prove that Gray intended to cause Entis financial injury. The summary-judgment evidence contains an affidavit from Jason Bice, an Entis manager. Bice states that Gray filed the lien in question and four other liens relating to projects in which Gray allegedly worked for Entis. Bice states that Gray refused to cash checks sent by Entis on April 1, 2009, in payment of all outstanding amounts for four of the projects. Bice states that Gray did not work for Entis on the other project and that Entis was not involved in that project. Speaking of the five liens filed by Gray, Bice states in his affidavit that “[njone of these liens have not been released.” (emphasis added). The majority concludes that this court need not consider the meaning of this double negative because Gray “admits he has not released the lien on the Tomball Property.” Ante at p. 6, n. 2. This conclusion is inaccurate. A review of the clerk’s record and Gray’s appellate brief shows that Gray has not made such an admission, and *532there was no oral argument in this appeal. This conclusion is also unnecessary. Even if the double negative in Bice’s affidavit means that none of the five liens filed by Gray had been released, this affidavit would not constitute conclusive proof of an intent by Gray to cause Entis financial injury.
For the foregoing reasons, I do not join the majority opinion, but I respectfully concur in the court’s judgment.