law-attorneys-fees-hours-spent excessive vs. reasonable | reasonable attorneys fees |
The amount of attorney’s fees sought also must bear some reasonable relationship to
the amount in controversy. USAA County Mut. Ins. Co. v. Cook, 241 S.W.3d 93, 103 (Tex. App.—
Houston [1st Dist.] 2007, no pet.). Although proof of the number of hours and corresponding hourly
rate are not necessarily required, the trial court generally relies on evidence of hours expended and the
attorney’s stated hourly rate to determine whether the requested fee is reasonable for the nature and extent
of the services performed. McGee v. Deere & Co., No. 03-04-00222-CV, 2005 WL 670505, *4 (Tex. App.—
Austin Mar. 24, 2005, pet. denied) (mem. op.) (citing Collins v. Guinn, 102 S.W.3d 825, 836 (Tex. App.—
Texarkana 2003, pet. denied)).
McGlown v. Park (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(summary judgment for home owner's
association reversed; failure to prove case and attorney's fees,
attorney fee award in summary judgment proceeding not proper if amount disputed)
REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Before Justices Taft, Bland and Sharp
01-08-00619-CV Willie McGlown Jr. v. Ashford Park, et al.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Jay Petroleum, LLC v. EOG Resources, Inc. (Tex.App.- Houston [1st Dist.] May 7, 2009)(Alcala)
(scope of remand, implications of relief requested or not prayed for in court of appeals, remand of
counterclaims, attorney's fees, fact issue as to reasonableness of attorney's fees, inflated number of hours
claimed, controverting countervailing fee affidavit by attorney)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00541-CV
Jay Petroleum, L.L.C. v. EOG Resources, Inc., f/k/a Enron Oil & Gas Company
Appeal from 189th District Court of Harris County
Trial Court Judge: Hon. William R. Burke. Jr.
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