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No Presentment, No Attorney’s Fees

By Byron Henry on February 12, 2013
Posted in Opinions & Judgments

The Dallas Court of Appeals reaffirmed the requirement that a claim be presented to the opposing party in order to recover attorney’s fees under Chapter 38 of the Civil Practice and Remedies Code.  Here, the party seeking fees argued that the offers exchanged at mediation constituted presentment for purposes of CPRC Section 38.002.  The Court…

Attorney’s Fees for Travel Time are Recoverable

By Mike Northrup on January 12, 2010
Posted in Opinions & Judgments

Attorney’s Fees for travel time are recoverable under Chapter 38 of the Texas Civil Practice and Remedies Code, according to the San Antonio Court of Appeals.   In Wilkerson v. Atascosa Wildlife Supply, Atascosa sought recovery of attorney’s fees inclusive of $5,500 for travel time.  Atascosa offered evidence that the travel time was reasonable…

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Mike Northrup is the chair of the appellate practice group at Cowles & Thompson, P.C. He is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization, and is a former Chair of the Appellate Law Section…

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