The San Antonio Court of Appeals recently decided two cases dealing with recovery of attorney’s fees for breach of contract. The court first held that a party who brings an action to enforce a Mediated Settlement Agreement (MSA) is not entitled to attorney’s fees under Chapter 38 of the Texas Civil Practice and Remedies Code unless the party also recovers damages. More recently, the court confirmed that while a plaintiff that seeks attorney’s fees as a "prevailing party" under a contract must also recover damages, a defendant may recover attorney’s fees as a prevailing party by defeating the breach of contract claim. These cases, relying on Texas Supreme Court precedent, confirm that parties seeking specific performance under a contract or MSA are not necessarily entitled to attorney’s fees for merely obtaining enforcement of the agreement. The court of appeals’ opinion in Garza v. Villareal is here and the opinion in Fitzgerald v. Schroeder Ventures II is here.