law-attorneys-fees | attorney fee factors | reasonableness of attorney's fees | atty fees in contract cases |
UDJA declaratory judgment claim and attorney's fees | fees in family law cases | fee appeals |
FEE ARRANGEMENTS: billing by (portion of) the hour, hourly rate fee, flat fee basis, contingent fee contract,
blended rate, alternative billing, fee structure,
ATTORNEY'S FEES - QUESTION OF FACT OR LAW?
Whether a party is entitled to recover attorneys' fees is a question of law for the court; the
amount to be awarded is a question of fact for the jury. Holland v. Wal-Mart Stores, 1 S.W.3d 91,
94 (Tex. 1999); Chudleigh v. Papadopoulos, No. 14-01-00088-CV, 2002 WL 576092, at *4 (Tex. App.- Houston
[14th Dist.] Apr. 18, 2002, pet. denied) (not designated for publication).
A party who prevails on a breach of contract claim is entitled to recover
attorneys' fees for prosecution of the claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001
(Vernon 2008). To recover attorneys' fees, a claimant first must present the claim to the opposing party or his
agent. Id. § 38.002(2) (Vernon 2008). The statute is to be generously construed to promote its underlying
purpose. Id. § 38.005 (Vernon 2008); Chudleigh, 2002 WL 576092, at *5.
Cano v. Nino's Paint and Body Shop, (Tex.App.- Houston [14th Dist.] Apr. 16, 2009)(Boyce)
(admission of business records, business records affidavit, failure to disclose documentary evidence in discovery,
attorneys fees on breach of contract, presentment of claim as condition precedent)
CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE