The Dallas Court of Appeals recently held that a plaintiff cannot avoid attorney’s fees by simply dismissing its claim prior to a decision on the merits. In this case, the plaintiff asserted several claims against the defendant, including a claim for violation of the Texas Theft Liability Act (Theft Act). Four days after the defendant
prevailing party
Attorney’s Fees Double Play
By Byron Henry on
Posted in Opinions & Judgments
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…
Non-suit precludes attorney’s fees award as prevailing party under agreement
By Byron Henry on
Posted in Opinions & Judgments
The Austin Court of Appeals recently held that a plaintiff’s notice of non-suit precludes a defendant from recovering attorney’s fees as prevailing party under a written agreement. In this case, the plaintiffs bought a house from defendants under a standard-form sales contract promulgated by the Texas Real Estate Commission. Plaintiffs brought suit against defendants for failing to disclose…