law-UDJA-attorneys-fees | attorney's fees generally | reasonable amount of fee award |

UDJA ATTORNEY'S FEES

37 Somewhat analogous to this contract provision is the attorney’s-fees provision in the Texas
Declaratory Judgment Act (DJA): “[T]he court may award costs and reasonable and necessary attorney’s
fees as are equitable and just.” Tex. Civ. Prac. & Rem. Code § 37.009. One court of appeals has recently
noted that, “[o]n the face of this provision, it would appear that the trial court, not the jury, determines the
amount of attorneys’ fees . . . .” Ogu v. C.I.A. Servs. Inc., No. 01-07-00933-CV, 2009 WL 41462, at *3
(Tex. App.—Houston [1st Dist.] Jan. 8, 2009, no pet.) (mem. op.). But, the court continued, “the amount
of the attorneys’ fees is a question of fact for the jury to decide.” Id. (citing City of Garland v. Dallas
Morning News, 22 S.W.3d 351, 367 (Tex. 2000)). We express no view on the matter.  
Intercontinental Group Partnership v. KB Home Lone Star LP., No. 07-0815 (Aug. 28, 2009)(Willett)
(
prevailing party for attorney fee purposes)          
INTERCONTINENTAL GROUP PARTNERSHIP v. KB HOME LONE STAR L.P.; from Hidalgo County;
13th district (13-06-00617-CV, ___ SW3d ___, 08-23-07)
The Court reverses the court of appeals' judgment and renders judgment.
Justice Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice
Green, and Justice Johnson joined. [pdf]
Justice
Brister delivered a dissenting opinion, in which Justice O'Neill, Justice Wainwright, and Justice
Medina joined.


Also see:
Texas Causes of Action and Defenses  |  2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams  | Texas
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