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REASONABLENESS OF ATTORNEY'S FEES AWARD

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  


Tonkin v. Amador (Tex.App- Houston [1st Dist.] May 21, 2009)(Alcala)
(attorney fee litigation, promissory note, material terms of note, evidence of reasonableness of attorney's fees
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Judge Wilson, Justices Alcala and Hanks
01-07-00496-CV Ronald H. Tonkin v. Lee Roy Amador
Appeal from County Civil Court at Law No 3 of Harris County
Trial court judges: Linda Storey; Visiting Judge Ed Landry


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.  


The Travis Law Firm v. Woodson Wholesale (Tex.App.- Houston [14th Dist.] Oct. 21, 2008)(Frost)
(attorney's fees litigation, small amount of damages recovered, excessive attorney fee demand denied)
AFFIRMED: Opinion by Justice Frost  
Before Justices Frost, Seymore and Brown
14-07-00204-CV The Travis Law Firm, A Professional Corporation v. Woodson Wholesale Inc.
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle  


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