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