Tex. Civ. Prac. & Rem. Code Ann. § 38.001

Section 38.001(8) entitles a prevailing party in a breach of contract suit to attorney's fees.

Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly C · filed 2015-01-14(8)

The prevailing party in a breach of contract suit is entitled to attorney's fees.

Section 38.001(8) does not allow attorney’s fees for a breach of contract claim when the claimant has no valid claim.

Cantu v. Southern Insurance Company · filed 2015-01-22(8)

Because TMM thus did not bring a “valid claim” for breach of contract, it should not have been awarded attorney’s fees, and we reverse the district court’s determination to that effect. See Tex. Civ. Prac. & Rem.Code Ann. § 38.001(8) (2013).

Section 38.001 permits recovery of reasonable attorney's fees for a valid breach of contract claim.

City National Bank of Sulphur Springs v. Smith · filed 2015-09-17

W e have already concluded that SPM may recover for breach of contract; therefore, SPM may also recover its reasonable attorney's fees. See Tex. Civ. Prac. & Rem.Code Ann. § 38.001.

Section 38.001 provides for attorney's fees in a breach of contract action.

Fiduciary Mortgage Co. v. City Natl. Bank of Irving · filed 1988-10-19

The Texas Civil Practices and Remedies Code provides for an award of attorney's fees in a breach of contract action. See TEX.CIV.PRAC. & REM.CODE ANN. § 38.001 (Vernon 1986). Facts admitted by CNB as a matter of law show that CNB is liable to Fiduciary for breach of contract. Therefore, the trial court's conclusion that Fiduciary is not entitled to attorney's fees is based upon facts incorrectly found and cannot stand.

Section 38.001 permits recovery of reasonable attorney's fees in suits based on written contracts.

Edwin M. Jones Oil Co. v. Pend Oreille Oil & Gas Co. · filed 1990-08-31

Section 38.001 permits recovery of attorneys fees in suits based upon written contracts.

Section 38.001 allows recovery of attorney's fees on a successful claim for unpaid contractual alimony.

Legg v. Legg · filed 1991-04-25

She properly presented her claim to Johnny and is entitled to recover attorney's fees in the amount of $1,290, the amount established by undisputed testimony at trial. See Tex. Civ. Prac. & Rem. Code Ann. §§ 38.001, 38.002 (Vernon 1986).

Section 38.001(8) permits recovery of reasonable attorney's fees for a claim based on an oral contract.

Bloom v. Bloom · filed 1989-01-11(8)

We hold that the claim asserted by plaintiff is based upon an oral contract. Therefore, plaintiff is entitled to recover reasonable attorney's fees.

Section 38.001 supports a claim for attorney's fees when the claimant recovers on a sworn account.

D v. Hunt Asphalt, Inc. v. Texas Industries, Inc. · filed 1992-05-13

As a result, Texas Industries' suretyship action and claim for attorney's fees is supported by its recovery on the sworn account. See Tex. Rev. Civ. Stat. Ann. art. 5160 (Vernon Supp. 1992); Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (Vernon 1986).

Section 38.001(8) authorizes attorney's fees in a successful suit under a contract, including a partnership agreement.

Atterbury v. Brison · filed 1994-02-23(8)

This action is founded on an oral or written partnership agreement and therefore recovery for attorney's fees and prejudgment interest is proper. See TEX.CIV.PRAC. & REM. CODE ANN. § 38.001(8) (Vernon 1986) (authorizing recovery of attorney's fees in a successful suit under a contract).

Section 38.001(8) permits recovery of attorney's fees for a claim under an oral or written contract.

Bryan King and James S. Bumpous/Colorado River Broadcasters, Inc. v. Tolbert Foster/Bryan King and James S. Bumpous · filed 1995-03-15(8)

A party may recover attorney's fees under chapter 38 for a claim under an oral or written contract.

Section 38.001 permits attorney's fees for a sworn account or an oral or written contract claim.

Jimmey Worth Smarr v. Kimed Austin, Inc. · filed 1995-06-21

Because this was a claim for a sworn account or an oral or written contract, we presume that the usual and customary attorney's fees are reasonable. Tex. Civ. Prac. & Rem. Code Ann. §§ 38.001, .003 (West 1986).

Section 38.001 permits recovery of reasonable attorney's fees in a suit on sworn account.

Dalton v. Cintas · filed 1995-03-01

Under § 38.001, parties may recover reasonable attorney's fees in a suit on sworn account.

Section 38.001(8) permits recovery of attorney's fees on a successful contract claim.

American National Insurance Company and Heart of Texas Dodge v. Rosemary Paul and Don Paul · filed 1996-07-17(8)

The attorney's fees awarded against American National, however, were also premised upon the Pauls' contract claim, which remains undisturbed on appeal. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 1986) (attorney's fees recoverable upon successful contract claim). Therefore, because there exist alternative grounds to support the award of attorney's fees against American National, we affirm the award of attorney's fees against American National.

Section 38.001 permits attorney's fees for a claim on an oral or written contract without requiring a separate finding of breach.

Allstate Insurance Company v. Lincoln · filed 1998-08-26(8)

Chapter 38 does not speak in terms of a “breach” of contract.

Section 38.001(8) permits recovery of attorney's fees on a claim brought on an oral or written contract.

Copeland v. Alsobrooks · filed 1999-06-02(8)

Texas law permits the recovery of attorney's fees in a claim brought on an oral or written contract. Tex. Civ. Prac. & Rem. Code § 38.001(8) (Vernon 1997).

Section 38.001 allows attorney’s fees for a proved breach of contract claim even when the claim involves multiple breaches of the same contract.

Performance Printing v. Upper Deck Company · filed 2001-01-30

Upper Deck cannot manufacture a second contract claim because Performance alleged separate instances in which Upper Deck’s conduct breached the original contract. The jury’s affirmative answer to Question 1 means Performance proved its breach of contract claim and is entitled to recover attorneys’ fees thereupon.

Section 38.001 permits recovery of attorney's fees for supported sworn account and breach of contract claims.

Adams, Norwick, III, A/K/A Wick Adams v. H & H Meat Products Company, Inc. · filed 2001-03-01(7), (8)

We have held the evidence is legally and factually sufficient to support H&H's claims of breach of contract and sworn account. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (7), (8) (Vernon 1997). Attorney's fees may also be recovered upon a finding of fraud arising out of a breach of contractual relations. Gill Sav. Ass'n , 797 S.W.2d at 31. Accordingly, we hold the trial court did not err in awarding H&H attorneys' fees in the amount of $11,000.00.

Section 38.001 permits attorney's fees for a breach of contract claim even when the plaintiff elects damages for an overlapping breach of fiduciary duty claim.

McGuire v. Kelley · filed 2001-03-23

Attorney's fees are recoverable in suits for breach of contract. See Tex.Civ.Prac. & Rem.Code Ann. § 38.001 (Vernon 1997). Under the facts of this case, the acts of McGuire constituting a breach of his fiduciary duty also constituted a breach of contract. Kelley is entitled to recover attorney's fees in her breach of contract suit even though she did not recover damages on a breach of contract theory, but on the breach of fiduciary duty claim.

Section 38.001 allows recovery of attorney's fees on a successful claim under an oral or written contract.

Pickett v. Keene · filed 2001-04-12

We have overruled appellants' first, second, and third issues contesting the validity of the contract. Accordingly, we overrule appellants' fourth issue. See Tex. Civ Prac. & Rem. Code Ann. § 38.001 (Vernon 1997) (attorney's fees are recoverable in suit for claim under an oral or written contract).

Section 38.001 allows a prevailing party in a contract action to recover attorney’s fees.

Maryland Insurance Co. v. Head Industrial Coatings & Services, Inc. · filed 1995-08-31

Attorney’s fees are available to a prevailing party in an Insurance Code action or contract action.

Section 38.001 entitles the prevailing party in a breach-of-contract suit to reasonable attorney's fees.

Laney v. Austin Auto Air Conditioning, Inc. · filed 1999-04-22

Laney correctly states that the prevailing party in a breach-of-contract suit is entitled to recover reasonable attorney's fees. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (West 1997). ... The trial court did not abuse its discretion by awarding attorney's fees to the prevailing party in a declaratory-judgment and contract case.

Section 38.001 permits an award of attorney's fees for breach of a written contract when its requirements are met.

Caspary, Delo H. v. William K. Woodruff & Co. and William K. Woodruff · filed 2000-08-31

While we do not agree with appellees' contention that the attorney's fees were awarded as actual damages for Caspary's breach of the covenant not to sue, we do conclude appellees were entitled, under section 38.001 of the Texas Civil Practice and Remedies Code, to the attorney's fees that they were awarded.

Section 38.001 permits recovery of attorney fees in a suit for personal services rendered.

Healthcare Centers of Texas, Doing Business as Overton Healthcare Center v. Valentine · filed 1996-05-29

Valentine's suit was for personal services rendered for which a party may recover attorney fees. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (West 1986).

Section 38.001 permits recovery of reasonable attorney's fees in addition to a valid claim and costs when the claim is for rendered services or a sworn account.

Walton v. Canon, Short & Gaston · filed 2000-08-02(1), (7)

Section 38.001 of the Texas Civil Practice and Remedies Code provides for the recovery of reasonable attorney's fees, in addition to the amount of a valid claim and costs, if the claim is for rendered services or for a sworn account.

Section 38.001 permits recovery of attorney's fees for a credit account involving goods sold.

Palomin, Mario v. Zarsky Lumber Co., D/B/A Zarsky Lumber Co., McAllen · filed 2000-08-03

The underlying cause of action in this case concerned a credit account for goods sold for which attorney's fees were recoverable under the credit agreement and pursuant to section 38.001 of the Texas Civil Practice and Remedies Code.

Section 38.001(8) entitles a party with a valid contract claim against an individual or corporation to reasonable attorney’s fees.

T.C.& C. Real Estate Holding, Inc. v. Danny R. Sherrod and Wife, Wendy Sherrod · filed 2001-08-22(8)

Because we have found that the Sherrods breached the real estate contract by failing to return the earnest money pursuant to the terms of the contract, TC&C is entitled to recover reasonable attorney’s fees under section 38.001(8).

Section 38.001(8) requires an award of reasonable attorney’s fees when a plaintiff prevails on a contract claim and recovers damages.

Coffel v. Stryker Corporation · filed 2002-03-14(8)

The award of reasonable attorneys’ fees is mandatory under § 38.001 if the plaintiff prevails in his or her breach of contract claim and recovers damages.

Section 38.001(8) permits recovery of reasonable attorney's fees from an individual or corporation on a valid oral or written contract claim.

Tracey Suttles NBC Holdings, Inc. Orbit Resources, Inc. And Mopac Windridge One Ltd. v. Bryan Kastleman and Jon Blum · filed 2002-07-26(8)

Texas law provides that reasonable attorney's fees are recoverable from an individual or corporation, in addition to the amount of a valid claim and costs, "if the claim is for an oral or written contract." Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 1997).

Section 38.001(8) permits recovery of attorney’s fees for a successful claim for amounts owed under a contract.

Clarke v. Kempner · filed 2002-12-11(8)

We find that Clarke should have been awarded attorney’s fees under section 38.001(8) of the Civil Practice and Remedies Code.

Section 38.001 permits an award of attorney’s fees to a party prevailing on a breach of contract claim.

Houshang Solhjou, Ind., and D/B/A Melrose Mobile Home Park v. Harris County, Texas and the State of Texas · filed 2003-04-10

However, because we have held that Solhjou’s breach of contract claim against Karbalai was barred by waiver, leaving Karbalai’s breach of contract action as the only prevailing contractual claim, we render judgment for Karbalai for the amounts of attorney’s fees stipulated by the parties at trial. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (Vernon 1997).

Section 38.001 allows a party to recover reasonable and necessary attorney's fees for breach of contract.

Venture Encoding Service, Inc. v. Atlantic Mutual Insurance Company · filed 2003-05-01

Because appellee breached its contract, appellant was also entitled to reasonable and necessary attorneys' fees under section 38.001 of the civil practices and remedies code.

Section 38.001(8) allows a party that prevails on a written contract claim and requests attorney's fees to recover reasonable fees.

Mohammad Hanif, D/B/A Pik N Pak v. Alexander Oil Company · filed 2002-09-19(8)

Having prevailed on its suit on a written contract and having requested attorney's fees in its pleadings, Alexander Oil was entitled to recover reasonable attorney's fees from appellant. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997).

Section 38.001 permits an award of attorney's fees for a successful breach-of-contract claim.

American Network Leasing Corporation and Electronic Data Systems Corporation v. Corporate Funding Houston, Inc. · filed 2002-10-10

The award for breach of contract is sufficient to support the award of attorney's fees.

Section 38.001(8) allows attorney's fees in a successful contract suit to collect a covered claim after the receiver's determination becomes final.

Berkel v. Texas Property · filed 2002-11-07(8)

The claim for statutory attorney's fees rests on section 38.001 of the Texas Civil Practice and Remedies Code, authorizing such fees in suits founded on contract. ... Nothing in articles 21.28 and 21.28-C expressly purports to preclude attorney's fees and postjudgment interest in cases where payment is withheld after a receiver's covered-claim determination has become final and binding and the claimant is forced to sue to recover the amount of his contract debt. ... Consequently, we believe Berkel was entitled to the statutory attorney's fees and statutory postjudgment interest for which he prayed, and the trial-court judgment constitutes an abuse of discretion for denying those sums.

Section 38.001(7) allows recovery of attorney’s fees in a suit on a sworn account.

Mekdessi v. RISC · filed 2003-03-27(7)

Under section 38.001(7) of the civil practices and remedies code, attorney’s fees are recoverable for a suit on a sworn account.

Section 38.001(8) permits recovery of reasonable and necessary attorney's fees in a successful suit arising from an oral partnership agreement.

Long v. Lopez · filed 2003-08-21(8)

Appellant also seeks to recover the attorney's fees expended pursuing the instant lawsuit. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (authorizing recovery of attorney's fees in successful suit under an oral contract); see also Atterbury v. Brison , 871 S.W.2d 824, 828 (Tex. App.--Texarkana 1994, writ denied) (holding attorney's fees are recoverable by partner under section 38.001(e) because action against other partner was founded on partnership agreement, which was a contract). We agree that Appellant is entitled to recover reasonable and necessary attorney's fees incurred in bringing the instant lawsuit.

Section 38.001 allows a prevailing party on a written contract claim to recover reasonable attorney’s fees.

Mary Williams, D.D.S. and Russell Williams, D.D.S. v. L.M.S.C., Inc., D/B/A the Dental Solution · filed 2005-10-06(8)

First , section 38.001(3) provides that a party may recover reasonable attorney’s fees if the claim is for an oral or written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997). Here, because we have concluded that the evidence was legally sufficient for the jury to determine that Mary and Russell breached their written contract with TDS, we hold that TDS, as the prevailing party, was entitled to an award of reasonable attorney’s fees.

Section 38.001 allows a party that recovers on a valid breach of contract claim to recover reasonable attorney’s fees.

Toshiba MacHine Co., America v. SPM Flow Control, Inc. · filed 2005-11-10

We have already concluded that SPM may recover for breach of contract; therefore, SPM may also recover its reasonable attorney’s fees.

Section 38.001 permits a party that prevails on a sworn account to recover reasonable attorney’s fees.

Solano v. Syndicated Office Systems, D/B/A Central Financial Control · filed 2005-08-25

Since we have concluded that SOS properly prevailed on a sworn account, it was entitled to recover reasonable attorney’s fees.

Section 38.001 entitles a party who proves a breach of contract and recovers resulting damages to attorney's fees, even when the damages are future damages.

Dixon v. Modelist · filed 2004-09-23

When a party proves a breach of contract and resulting damages, he or she is entitled to attorney's fees. ... Here, Modelist recovered damages in a contract cause of action; thus, he is also entitled to recover his attorney's fees.

Section 38.001 allows reasonable attorney's fees for a successful breach of contract claim.

Coastal Mart, Inc. v. Southwestern Bell Telephone Co. · filed 2005-01-20

Specifically, Coastal is entitled to judgment as a matter of law on its claim for breach of contract and reasonable attorney's fees under chapter 38 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem.Code Ann. § 38.001 (Vernon 1997).

Section 38.001(8) allows recovery of attorney’s fees in a successful suit under an oral contract.

Texas NOM Limited Partnership D/B/A Garrison, Ltd. and Texas MON, L.C. v. Akuna Matata Investments, Ltd. · filed 2005-01-26(8)

Because attorney’s fees are recoverable in a successful suit under an oral contract, Texas Nom’s eighth issue is overruled.

Section 38.001(8) permits recovery of attorney's fees in an action founded on an oral or written partnership agreement.

Vernon R. Young, Jr. v. Qualls · filed 2005-09-16(8)

Recovery of attorney's fees is proper in an action founded on an oral or written partnership agreement.

Section 38.001(8) permits reasonable attorney’s fees when a party prevails on a contract claim and recovers damages.

Devon SFS Operating , Inc., and IMC Global, Inc. v. First Seismic Corporation, a Delaware Corporation · filed 2006-02-16(8)

Having prevailed on its breach of contract claim, by pursuing this indemnity action and recovering damages, section 38.001(8) entitled First Seismic to the attorney’s fees, expenses, and costs authorized by paragraph 5.B. of the September 1990 agreement.

Section 38.001(8) permits recovery of reasonable attorney’s fees in a suit on an oral or written contract.

World Access Telecommunications Group, Inc. v. Statewide Calling · filed 2006-10-17(8)

A person may recover reasonable attorney’s fees in a suit on an oral or written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 1997).

Section 38.001 allows attorney’s fees for a claim based on an oral or written contract.

EMCC INC., Assignee in Interest to REVGRO NATIONS v. Johnson · filed 2006-10-25

A party may obtain attorney’s fees for a claim based on “an oral or written contract.” ... This evidence conclusively proved EMCC’s entitlement to attorney’s fees in the amount of $2,921.28.

Section 38.001(8) permits recovery of reasonable attorney's fees from an individual or corporation on a claim based on an oral or written contract.

Texas Community Bank, N.A., Scott A. Carlisle and Dock Hi, L.L.C. v. Witte Investment Groups, LTD. · filed 2007-02-15(8)

A party may recover reasonable attorney's fees from an individual or corporation if the claim is based on an oral or written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997). ... Thus, because Carlisle and Dock Hi are jointly and severally liable for the note, the trial court properly awarded attorney's fees as to these parties.

Section 38.001(8) permits a prevailing party to recover reasonable attorney’s fees on a written contract claim.

D'Lux Movers & Storage v. Daniel Fulton and Betsy Fulton · filed 2007-05-03(8)

Section 38.001(8) of the Texas Civil Practice and Remedies Code provides that a party may recover reasonable attorney’s fees if the claim is for an oral or written contract. ... Here, because D’Lux breached its written contract with the Fultons, we hold that the Fultons, as the prevailing party, were entitled to an award of reasonable attorney’s fees.

Section 38.001 permits recovery of attorney’s fees on a successful breach-of-contract claim.

Passat Laundry Systems, Inc. v. Flake Industrial Services · filed 2006-03-15

Flake is also entitled to recover attorney’s fees, which the trial court found to be $29,317.50.

Section 38.001(8) authorizes reasonable attorney’s fees and costs for a prevailing party in an action for breach of an oral or written contract.

Boondoggles Corporation v. Yancey · filed 2006-08-03(8)

The award of attorney’s fees in this case is governed by Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon Supp. 2005), which authorizes the award of reasonable attorney’s fees and costs to a party who prevails in an action for breach of an oral or written contract.

Section 38.001(8) permits recovery of attorney's fees for a successful breach-of-contract claim.

McCORD CONSTRUCTION, INC. v. Metal Sales Manufacturing Corporation · filed 2006-08-31(8)

Although we agree that the statutory mechanic's lien was not intended by the legislature to be used to secure payment for attorney's fees, see Palomita, Inc. v. Medley , 747 S.W.2d 575, 578 (Tex. App.--Corpus Christi 1988, no writ), we view differently an award of attorney's fees based on a successful action for breach of contract, see Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1987).

Section 38.001(8) allows a claimant to recover attorney fees in addition to a valid claim based on a written contract.

Oscar J. Comeaux, III v. Booker Loud · filed 2006-10-12(8)

Texas Civil Practice and Remedies Code section 38.001 allows a claimant suing for breach of contract to recover attorney fees in addition to the amount of a valid claim based on a written contract.

Section 38.001(8) permits attorney's fees in a suit on a contract, but a party who does not recover for breach of contract cannot recover fees on that basis.

Migl v. Dominion Oklahoma Texas Exploration & Production, Inc. · filed 2007-02-15(8)

Attorney's fees are recoverable in a suit on a contract pursuant to subsection 38.001(8). ... A party who does not recover for breach of contract, however, cannot recover attorney's fees under that theory.

A claim for attorney’s fees under Section 38.001 based on breach of contract depends on the underlying contract claim.

in Re: Home State County Mutual Insurance Company · filed 2007-05-16

Horn’s claim for attorney’s fees requires a breach of contract, and the only claim for breach of contract related to Home State’s alleged improper or unfair settlement practices.

Section 38.001(8) allows reasonable attorney’s fees for a contract claim, but a party cannot recover them when no breach occurred.

American International Specialty Lines Insurance v. Res-Care, Inc. · filed 2008-06-02(8)

Texas law provides for the recovery of reasonable attorney’s fees for a claim based on an oral or written contract. ... Therefore, because Res-Care did not fail or refuse to do something it had promised to do, there was no breach of contract, and the district court did not abuse its discretion by denying American an award of attorney’s fees.

Section 38.001(8) permits attorney’s fees for an oral or written contract claim only if the claimant prevails and recovers damages.

City of The Colony, Texas v. North Texas Municipal Water District · filed 2008-11-26(8)

To recover attorneys’ fees under section 38.001, a party must both prevail on a claim for which attorneys’ fees are recoverable and recover damages. ... The final judgment does not award the District any damages for The Colony’s breach of the Contract. We hold that the District is not entitled to attorneys’ fees under section 38.001.

Section 38.001 requires an award of reasonable attorney’s fees to a prevailing party in a breach of contract suit when the fees are proven reasonable.

Narsi v. Weingarten Realty Investors · filed 2007-11-29(8)

When a prevailing party in a breach of contract suit seeks attorney’s fees, section 38.001 mandates an award of reasonable fees if there is proof that the fees are reasonable.

Section 38.001(8) allows recovery of reasonable and necessary attorney fees incurred in pursuing breach of contract damages.

Morgan Buildings & Spas, Inc. v. Humane Society of Southeast Texas · filed 2008-03-13(8)

The Humane Society is entitled to recover reasonable and necessary attorney fees incurred in pursuing breach of contract damages. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (Vernon 1997).

Section 38.001(8) permits recovery of reasonable and necessary attorney fees incurred in pursuing breach of contract damages.

Morgan Buildings and Spas, Inc. v. Humane Society of Southeast Texas · filed 2008-03-13(8)

The Humane Society is entitled to recover reasonable and necessary attorney fees incurred in pursuing breach of contract damages.

Section 38.001 permits a reasonable attorney's fee award in a breach of contract action.

271 Truck Repair & Parts, Inc. v. First Air Express, Inc. and Allen T. Love · filed 2008-06-11

Pursuant to the statute governing attorney's fees in breach of contract actions, the trial court is given discretion to award a reasonable fee and, in a proceeding before the court, may take judicial notice of usual and customary fees. See Tex. Civ. Prac. & Rem. Code Ann. §§ 38.001, .004 (West 1997); Lee v. Perez , 120 S.W.3d 463, 469 (Tex. App.--Houston [14th Dist.] 2003, no pet.).

Section 38.001(8) allows attorney’s fees for a breach of contract claim only when the claimant prevails and recovers damages.

Dorton v. Chase · filed 2008-07-02(8)

To be entitled to attorney's fees, a party must (1) prevail on a cause of action for which attorney's fees are recoverable, and (2) recover damages. Green Int'l v. Solis, 951 S.W.2d 384, 390 (Tex.1997). Dorton sued Chase for breach of contract regarding the Settlement Agreement which is an action for which attorney's fees are recoverable. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (Vernon 1997). ... Because the affirmative answer to Question 2 is no longer viable, he has not prevailed on his breach of contract claim. Further, no damages were awarded to Dorton by the jury on his breach of contract claim. Accordingly, Dorton is not entitled to attorney's fees, and his fourth issue is overruled.

Section 38.001(8) permits recovery of reasonable attorney's fees in a suit for breach of contract.

Auto Excel Lube Center, Inc. v. Midstate Environmental Services, Llc · filed 2008-08-25(8)

Reasonable attorney's fees are recoverable in a suit for breach of contract. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997).

Section 38.001(8) allows a party that recovers on a written contract claim to recover reasonable attorney's fees.

Endovasc, Inc. A/K/A Endovasc Ltd., Inc. v. the Dow Chemical Company · filed 2007-12-13(8)

Dow recovered on its claim for a written contract and is entitled to reasonable attorney's fees. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997).

Section 38.001 permits recovery of attorney's fees on a successful breach of contract claim.

American Fluorite, Inc. and Triad Drilling & Supply Co., Inc. v. JB Oilfield, L.L.C. · filed 2009-03-19

Because we find the trial court's judgment on the breach of contract claim was proper, the trial court's award of attorneys' fees to JB Oilfield was also proper.

Section 38.001 permits recovery of reasonable attorney's fees on a written contract claim.

Alsheikh v. Arabian National Shipping Corporation · filed 2009-04-02

Nevertheless, the trial court was permitted to "take judicial notice of the usual and customary attorney's fees and of the contents of the case file without receiving further evidence," Tex. Civ. Prac. & Rem. Code Ann. § 38.004 (Vernon 2008), because the award of attorneys' fees in this case arose under Texas Civil Practice and Remedies Code section 38.001. See id. § 38.001 (allowing recovery of attorneys' fees when claim is based on written contract); Valdez v. Valdez , 930 S.W.2d 725, 732-33 (Tex. App.--Houston [1st Dist.] 1996, no writ) (holding section 38.004 only applies to claims under section 38.001).

Section 38.001(8) allows recovery of reasonable attorney's fees from an individual or corporation on a valid contract claim.

B & W Supply, Inc. and Weston Wyatt v. Lawrence and Diane Beckman · filed 2009-04-09(8)

Because we have sustained B&W's first and second issues on its breach of contract claim and damages, we conclude that B&W is entitled to attorney's fees. (5) See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 2008).

Section 38.001 permits reasonable attorney’s fees for an oral or written contract claim if the claimant prevails.

McPherson Road Baptist Church v. Mission Investors/Fort Worth, LP · filed 2009-08-20

McPherson pleaded that it was entitled to attorney’s fees under civil practice and remedies code section 38.001, which provides that “[a] person may recover reasonable attorney’s fees . . . if the claim is for . . . an oral or written contract.” Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (Vernon 2008). ... Therefore, we also sustain McPherson’s sixth issue and remand the issue of attorney’s fees back to the trial court pending the ultimate determination of McPherson’s breach of contract claim.

Section 38.001(8) permits attorney's fees for a contract claim, but a claim barred by governmental immunity cannot support a fee award.

Jonah Water Special Utility District v. Aaron Keith White and Lance White · filed 2009-08-31(8)

The Whites sought attorney's fees under two separate statutes: Civil Practice and Remedies Code section 38.001(8), which permits the award of attorney's fees for contract claims, and Civil Practice and Remedies Code section 37.009, which permits the award of "equitable and just" attorney's fees in declaratory relief actions. As discussed above, Jonah was governmentally immune from the Whites' contract claim. That claim was therefore not a proper basis for awarding attorney's fees.

Section 38.001(8) permits reasonable attorney’s fees for a contract claim when the findings establish an agreement, its breach, and resulting damages.

Lee-Way Prince Enterprises, LLC v. Qai Assurance, Inc. and Arthur Kwok · filed 2009-10-29(8)

The trial court’s findings of fact and conclusions of law support an award of attorney’s fees under the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 2008) (allowing for recovery of reasonable attorney’s fees on claim for oral or written contract). The findings identify an agreement among the parties; Prince’s breach of that agreement; and damages incurred by QAI resulting from that breach.

Section 38.001(8) supports attorney's fees for a contract claim, but a party that neither pleads breach of contract nor seeks summary judgment on that ground cannot recover fees under it.

West Campus Ramsey Properties, Ltd. v. Encinal Condominium Owners' Association · filed 2009-12-30(8)

Section 38.001(8) supports an award of attorney's fees if the claim is for "an oral or written contract." Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8). West Campus Ramsey, however, did not allege breach of contract against the Association in its pleadings or seek summary judgment based upon breach of contract to support an award of attorney's fees under section 38.001(8). See Tex. R. Civ. P. 166a(c). On this record, chapter 38 does not support West Campus Ramsey's claim for attorney's fees.

Section 38.001(8) permits attorney’s fees for a claim on an oral or written contract, but does not support fees when the party neither pleads breach of contract nor seeks summary judgment on that ground.

Texas Board of Law Examiners v. Little · filed 2009-12-30(8)

West Campus Ramsey, however, did not allege breach of contract against the Association in its pleadings or seek summary judgment based upon breach of contract to support an award of attorney’s fees under section 38.001(8). See Tex. R. Civ. P. 166a(c). On this record, chapter 38 does not support West Campus Ramsey’s claim for attorney’s fees.

Section 38.001 permits recovery of reasonable attorney’s fees on a claim based on an oral or written contract.

Giannakopulos v. Eris · filed 2010-02-09(8)

Section 38.001 provides that a person may recover reasonable attorney’s fees on a claim based on an oral or written contract.

Section 38.001(8) does not allow a defendant to recover attorney’s fees for defeating a contract claim without bringing its own claim and recovering damages.

Whitton v. Edward M. Loescher and April Loescher · filed 2010-04-15(8)

Although the trial court found in favor of the Loeschers in awarding a take-nothing judgment, the Loeschers did not counterclaim for a breach of contract, nor did they recover any damages. Therefore, they are not entitled to recover attorney’s fees under section 38.001.

Section 38.001 permits a party that recovers damages for breach of contract to recover attorney’s fees.

SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc. v. AAR Incorporated · filed 2009-10-15

A party who recovers damages on a breach of contract theory may, pursuant to statute, recover its attorney’s fees. Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (Vernon 2008). The jury question was predicated upon the jury making an affirmative finding on any of several claims, including breach of contract. Because we have held that the jury’s finding that SCTW breached its contract with AAR was supported by legally and factually sufficient evidence, we overrule SCTW’s eighth issue.

Section 38.001(8) does not allow attorney’s fees for a breach-of-contract claim when no breach occurred.

Dorothy L. Holland, Independent of the Estate of William R. Holland, Sr. v. EOG Resources, Inc. · filed 2010-03-24(8)

Absent a breach, the Hollands are not entitled to attorney’s fees, damages, or $25,000 contractual damages.

Section 38.001(8) permits recovery of attorney's fees in a suit on a written contract.

Wyatt v. Capital One Auto Financing · filed 2010-01-29(8)

COAF was also entitled to recover its attorney's fees because it sued on a written contract.

Section 38.001(8) permits a prevailing party to recover attorney’s fees on an account stated claim.

Busch v. Hudson & Keys, LLC · filed 2010-05-11(8)

Hudson & Keyse can recover attorney’s fees under Chapter 38 based upon an account stated claim.

Section 38.001(8) allows recovery of reasonable attorney’s fees for a claim on an oral or written contract.

Reeder v. Wood County Energy · filed 2010-07-14(8)

The Texas Civil Practice and Remedies Code provides that parties may recover reasonable attorney’s fees if the claim is for an oral or written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 2008). As we have shown in issue one, the JOA was a written contract, and Reeder was bound by it. The claim asserted by Dekrfour and Nelson (for the failure to offer the well), and the claim asserted by the Fry Interests (for the loss of the leases), arose under the JOA.

Section 38.001(8) permits reasonable attorney's fees in addition to damages and costs on a valid contract claim against an individual or corporation.

Somers v. Alberto & Celia Aranda · filed 2010-07-14(8)

Defendant had notice that attorney's fees were requested, he made no response to that request, and the award was appropriate under Tex. Civ. Prac. & Rem. Code Ann. § 38.001.

Section 38.001(8) permits attorney’s fees for a breach of contract claim, but fees based on that claim cannot be recovered when its damages award is reversed.

R & R Resources Corporation and Jay Brown v. Echelon Oil and Gas, L.L.C. Tex-El Oil and Gas, Inc. And BairTex Energy, In · filed 2011-01-14(8)

Attorneys’ fees are recoverable in connection with a breach of contract claim. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008). However, because we reverse the jury’s award of breach of contract damages, appellees cannot recover attorneys’ fees based on this claim.

Section 38.001(8) permits recovery of attorney’s fees on a breach of contract claim.

Dynegy, Inc. v. Terry W. Yates, Individually, and Terry W. Yates, P.C. · filed 2011-02-23(8)

We conclude that judgment may properly be rendered in favor of Yates on his breach of contract claim as well as for recovery of attorney’s fees under the contract claim. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008).

Section 38.001 makes reasonable attorney’s fees mandatory for a prevailing party on a breach of contract claim when the reasonableness of the fees is proved.

Salem v. Jawhar Asi, Mervat Asi, and JS Transport, Inc. · filed 2011-05-26(8)

When a prevailing party in a breach of contract suit seeks attorney’s fees, an award of reasonable fees is mandatory under section 38.001 if there is proof of the reasonableness of the fees.

Section 38.001(8) permits recovery of reasonable attorney’s fees when a claimant succeeds on a breach of contract claim.

Southland Lloyds Insurance Company v. David Onofre Cantu and Guadalupe Cantu · filed 2011-03-30(8)

Because we overrule Southland’s complaint regarding the Cantus’ breach of contract claim, the Cantus are entitled to attorney’s fees.

Section 38.001(8) entitles a party that prevails on a breach of contract claim and receives damages to reasonable attorney’s fees.

Petroleum Solutions, Inc. v. Bill Head D/B/A Bill Head Enterprises and Titeflex Corporation · filed 2011-04-29(8)

Because Head prevailed on his breach of contract claim and was awarded damages, he was entitled to reasonable attorney’s fees.

Section 38.001 permits recovery of reasonable attorney’s fees in a suit on a sworn account or for breach of contract.

Red Hot Enterprises LLC v. Yellow Book Sales · filed 2012-07-25(7), (8)

Second, Yellow Book pled for and, as the prevailing party, was entitled to recover reasonable attorney’s fees under statute as well as under the terms of the contracts. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(7), (8) (West 2008) (providing for recovery of attorney’s fees in a suit on a sworn account or a breach of contract action).

Section 38.001(8) allows attorney’s fees on a contract claim only when the plaintiff prevails on a breach-of-contract claim and recovers some damages.

Texas Farm Bureau Mutual Insurance Company v. Wilde · filed 2012-11-30(8)

To recover attorney’s fees under Section 38.001(8), a plaintiff must prevail on a breach-of-contract claim and recover some damages.

Section 38.001(8) allows attorney’s fees for a claim on a contract.

Miresco Investment Services, Inc. v. Yatoo Enterprises (USA) Inc. · filed 2012-12-20(8)

Each of these categories of damages is available to a breach of contract claim. See ... TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (Vernon 2008) (allowing attorneys’ fees for claim on a contract). Accordingly, the breach of contract claim fully supports the judgment.

Section 38.001(8) allows a party that prevails and recovers damages on a breach of contract claim to recover reasonable attorney’s fees.

Law Office of David E. Williams, II, P.C. v. Fort Worth Texas Magazine Venture, LP · filed 2011-07-07(8)

Having prevailed and conclusively established $3,000 in damages on its claim for breach of contract, FW Magazine was entitled to recover reasonable attorney’s fees and costs pursuant to chapter 38 of the Texas Civil Practice and Remedies Code.

Section 38.001(8) permits reasonable attorney’s fees in a breach-of-contract claim even when the contract has no attorney’s fees provision.

Border Gateway, L.L.C D/B/A Merchants Export and Robert H. Bahme v. Gomez · filed 2011-09-20(8)

Where a contract does not expressly provide for attorney’s fees, a party suing on a breach of contract may still be able to recover reasonable attorney’s fees under section 38.001 of the Texas Civil Practice and Remedies Code.

Section 38.001(8) authorizes recovery of attorney fees in breach-of-contract cases.

J. Todd Southern, Independent of the Estate of Raul "Dude" Crouse v. Kurt E. Goetting, Sr. · filed 2011-11-09(8)

Recovery of attorney fees in breach-of-contract cases is authorized in Texas. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2008).

Section 38.001(8) allows attorney’s fees for a breach of contract claim only when the party prevails at trial and recovers damages.

Jim Chambers, Mary Ann Chambers, and Mark Weisbart, Chapter 7 Trustee v. First United Bank & Trust Company · filed 2012-05-03(8)

Therefore, because the Chamberses failed to recover damages on their breach of contract claim, they were not entitled to recover attorney’s fees under section 38.001.

Section 38.001(8) permits recovery of attorney’s fees on a valid breach of contract claim.

Cleveland v. Rob Taylor · filed 2012-06-28(8)

We have already held that the trial court properly rendered summary judgment on the Investors’ breach of contract claim, which is a claim that supports an award of attorney’s fees.

Section 38.001(8) requires a party to recover damages on a breach of contract claim to receive attorney’s fees.

Lisa Ogdens, Steven Gayle and Wayne Westbrook v. Kenneth Ryals as Managing Trustee of East Texas Investment Trust · filed 2012-07-24(8)

For a party to be entitled to fees under Section 38.001(8), the party must recover damages on a breach of contract claim.

Section 38.001(8) does not allow attorney’s fees for a contract claim that was neither pleaded nor tried by consent.

Pierre v. Keith Ollivierre, Marilyn Ollivierre and Susan Ollivierre · filed 2011-12-15(8)

Because we have concluded that appellees did not plead a cause of action for breach of a rental agreement and that such an action was not tried by consent, appellees may not recover attorney‘s fees.

Section 38.001(8) permits recovery of reasonable attorney's fees for breach of an oral partnership agreement.

Kyle Johnson and Dionne Johnson v. Graze Out Cattle Co. · filed 2012-07-18(8)

A party may recover reasonable attorney's fees in a suit founded on a claim for breach of an oral or written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008). See Long, 115 S.W.3d at 228 (holding attorney's fees are recoverable by a partner under section 38.001(8) who brings an action against another partner premised on a partnership agreement, which was a contract); see also Atterbury v. Brison, 871 S.W.2d 824, 828 (Tex.App. -- Texarkana 1994, writ denied). Accordingly, Graze Out was entitled to recover reasonable and necessary attorney's fees in accordance with the trial court's judgment.

Section 38.001(8) allows a prevailing party to recover attorney’s fees on a contract claim for distributions under an LLC’s regulations.

Nacogdoches Heart Clinic, P.A. v. Pokala · filed 2013-02-06(8)

Pokala is entitled to reimbursement for attorney‟s fees incurred regarding those issues on which he was the prevailing party. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2008).

Section 38.001(8) permits a party with a valid claim on an oral or written contract to recover attorney’s fees.

Emerson Construction Company, Inc. and Western Surety Company v. Ranger Fire, Inc. · filed 2013-08-29(8)

For the same reasons that we conclude that Ranger brought a valid breach of contract claim and that the evidence supports the jury’s finding that Emerson failed to comply with the subcontract, we also conclude that the trial court did not abuse its discretion by awarding Ranger attorney’s fees in the amount of $330,000. See Tex. Civ. Prac. & Rem. Code § 38.001(8) (party may recover attorney’s fees if claim is for oral or written contract); Graybar Elec. Co., v. LEM & Assocs., L.L.C., 252 S.W.3d 536, 549 (Tex. App.—Houston [14th Dist.] 2008, no pet.) (within trial court’s discretion to set amount of attorney’s fees award under section 38.001).

Section 38.001(8) permits attorney’s fees on a contract claim when the claimant prevails and recovers damages.

Caspian Oil Services, Inc. and James W. Reynolds v. SE Management, LLC · filed 2013-10-29(8)

Finally, in their sixth issue, appellants contend SEM may not recover attorney‘s fees from COS 1 pursuant to section 38.001(8) of the Civil Practice and Remedies Code because SEM did not suffer any damages. ... However, we have affirmed the trial court‘s breach-of-contract damages awarded against COS 1. Accordingly, we overrule appellants‘ sixth issue.

Section 38.001(8) permits attorney’s fees for contract claims, including reformation claims arising from the contract.

Harkins v. North Shore Energy, L. L. C. · filed 2013-12-12(8)

Instead, we conclude that North Shore’s suit, including its original claims for reformation, were claims for “an oral or written contract” under the statute and therefore the award of attorney’s fees was proper.

Section 38.001(8) requires an award of some attorney’s fees to a party successful in a breach of contract action, while leaving the amount to the trial court’s discretion.

Maverick Industries, Inc. v. American Teleconferencing Services, Ltd. · filed 2013-04-30(8)

Under Texas law, when a party is successful in a breach of contract action, some attorneys’ fees must be awarded, though the “trial court has discretion to fix the amount of attorney’s fees.” World Help v. Leisure Lifestyles, Inc., 977 S.W.2d 662, 683 (Tex. App.–Fort Worth 1998, pet. denied) (citing Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8)).

Section 38.001(8) allows a prevailing party in a breach-of-contract action to recover attorney’s fees.

Anadarko Petroleum Corp. v. Williams Alaska Petroleum, Inc. · filed 2013-07-10(8)

Further, as the prevailing party in a breach-of-contract action, Anadarko is entitled to attorney’s fees under Texas law. See TEX. CIV. PRAC. & REM. CODE § 38.001(8).

Section 38.001(8) allows recovery of reasonable attorney’s fees for breach-of-contract claims.

Concert Health Plan, Inc. v. Houston Northwest Partners · filed 2013-05-30(8)

All the claims advanced by the Hospital against Concert involve breach of the Provider Agreement. As such, reasonable attorney’s fees are recoverable for all of the Hospital’s claims. See Tex. Civ. Prac. & Rem. Code § 38.001(8).

Section 38.001(8) authorizes attorney’s fees for a successful claimant in a breach of contract suit.

E. Friedman & Associates, Inc. and Elliot Friedman v. ABC Hotel & Restaurant Supply, Inc. · filed 2013-06-26(8)

Section 38.001 provides that attorney‟s fees are recoverable in suits for recovery under a contract.

Section 38.001(8) permits a prevailing party on a breach-of-contract claim to recover reasonable attorney’s fees.

Dresser-Rand Company v. Bolick · filed 2013-07-18(8)

Because we have determined that Dresser-Rand was entitled to judgment as a matter of law in the trial court, we conclude that Dresser-Rand is entitled to attorney’s fees as a matter of law. See Tex. Civ. Prac. & Rem. Code § 38.001(8).

Section 38.001(8) allows a prevailing party in a breach-of-contract action to recover attorney’s fees.

Anadarko Petroleum Corp. v. Williams Alaska Petroleum, Inc. · filed 2013-08-06(8)

Further, as the prevailing party in a breach-of-contract action, Anadarko is entitled to attorney’s fees under Texas law. See TEX. CIV. PRAC. & REM. CODE § 38.001(8).

Section 38.001(8) does not allow attorney’s fees when the claimant has no valid breach of contract claim.

TMM Investments, Limited v. Ohio Casualty Insuranc · filed 2013-09-17(8)

Because TMM thus did not bring a “valid claim” for breach of contract, it should not have been awarded attorney’s fees, and we reverse the district court’s determination to that effect. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (2013).

Section 38.001(8) does not allow attorney’s fees based on a breach of contract claim when the claimant’s judgment on that claim is reversed.

Berryman's South Fork, Inc. and Richard Berryman v. J. Baxter Brinkmann Internationial Corporation · filed 2013-11-20(8)

We concluded above that the trial court erred by granting summary judgment on plaintiffs’ breach of contract claim. Therefore, attorneys’ fees based on that cause of action cannot be recovered.

Section 38.001(8) requires an award of reasonable attorney’s fees to a prevailing party on a breach of contract claim when the reasonableness of the fees is proved; the trial court has discretion to determine the amount.

Kay Lynn Maynard F/K/A Kay Lynn Maynard Booth v. Booth · filed 2013-11-27(8)

The trial court determined William breached the settlement agreement; therefore, an award of reasonable attorney’s fees to the prevailing party was mandatory if there was proof of the reasonableness of the fees.

Section 38.001(8) requires an award of reasonable attorney’s fees to a plaintiff who recovers on a valid contract claim.

Chesapeake Exploration, L.L.C. v. Hyder · filed 2014-03-05(8)

An award of reasonable attorney’s fees to a plaintiff recovering on a valid claim founded on a written or oral contract is mandatory under Texas law. ... Because we have already concluded appellants breached the lease, we affirm the trial court’s award of attorney’s fees.

Section 38.001(8) allows recovery of reasonable attorney’s fees for a written contract claim, including a claim to enforce a contractual provision in an agreed divorce decree.

Kendrick v. Seibert · filed 2014-06-12(8)

Accordingly, Seibert’s suit included a claim for a written contract. ... Section 38.001 allows a party to recover reasonable attorney’s fees for such a claim.

Section 38.001(8) permits a party that prevails on a contract claim and recovers damages to recover reasonable attorney’s fees.

Cellular Sales of Knoxville Inc. v. McGonagle · filed 2014-07-15(8)

As a result, we also conclude that the record supports the jury’s award of attorney’s fees to Cellular Sales. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2008) (providing that a party may recover reasonable attorney’s fees if the claim is for an oral or written contract); Smith v. Patrick W.Y. Tam Trust, 296 S.W.3d 545, 547 (Tex. 2009) (“If attorney’s fees are proper under section 38.001(8), the trial court has no discretion to deny them.”); Sharifi v. Steen Auto., LLC, 370 S.W.3d 126, 152 (Tex. App.—Dallas 2012, no pet.) (stating that, to recover under section 38.001(8), a party must (1) prevail on his cause of action and (2) recover damages).

Section 38.001(8) permits recovery of attorney’s fees on a breach-of-contract claim.

Eugene v. McMahon v. Marcia Zimmerman, Individually, and the Zimmerman Law Firm, LLP · filed 2014-03-27(8)

There was a statutory basis for awarding Zimmerman attorney’s fees. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (permitting recovery of attorney’s fees on breach-of-contract claim).

Section 38.001(8) permits attorney’s fees for a breach of contract claim when the claimant proves fraudulent inducement to defeat a release and enforce the original contract.

Anglo-Dutch Petroleum International, Inc. v. Case Funding Network · filed 2014-05-13(8)

Accordingly, we hold that the trial court did not err in concluding that the release investors’ claims are for breach of contract and they are entitled to attorneys’ fees as the prevailing party.

Section 38.001(8) permits recovery of attorneys’ fees from an individual or corporation when a plaintiff prevails on a breach of contract claim and recovers damages.

Classic Superoof LLC & Stanley Keith Lyles v. Bean, Donna K. · filed 2014-10-14(8)

To recover attorneys’ fees under section 38.001 of the Texas Civil Practice and Remedies Code, a plaintiff must (1) prevail on a cause of action for which attorneys’ fees are recoverable ... and (2) recover damages. ... We have previously determined the evidence supports Bean’s breach of contact claim against Classic and the trial court’s damage award. Accordingly, the trial court did not err in awarding attorneys’ fees.

Section 38.001 permits a prevailing party in a breach of contract suit to recover reasonable attorney’s fees.

Uretek (USA), Inc. v. Ureteknologia De Mexico S.A. De C.V. · filed 2014-10-29

Both as a matter of Texas law and pursuant to the June 2010 amendment to the sublicense agreement, UdeM, as the prevailing party in a breach of contract suit, was entitled to recover its reasonable attorney’s fees.

Section 38.001(8) allows recovery of attorney’s fees for breach of contract claims.

Katy International, Inc. F/ka/ Emer International, Inc., Mengghui Zhang and Binghua Jiang v. Jiang · filed 2014-11-07(8)

Because we hold that Jinchun presented sufficient evidence of Emer International’s breach of contract, we affirm the trial court’s award of attorney’s fees against Emer International. See Tex. Civ. Prac. & Rem. Code § 38.001(8) (allowing recovery of attorney’s fees as to breach of contract claims).

Section 38.001(8) allows attorney’s fees for a successful breach of covenant claim that sounds in contract.

Smith v. Lawrence Reid, Royce Reid, Jennifer Heath and THL GP Inc. · filed 2015-06-24(8)

We further hold the Reids’ successful breach of covenant claim is equivalent to a Chapter 38 breach of contract claim.

Section 38.001(8) entitles the prevailing party in a breach of contract suit to attorney’s fees.

Dernick Resources, Inc. v. David Wilstein and Leonard Wilstein, Individually and as Trustee of the Leonard and Joyce Wil · filed 2015-07-01(8)

The prevailing party in a breach of contract suit is entitled to attorney’s fees.

Section 38.001(8) permits attorney’s fees for a claim by a co-signer seeking reimbursement for payments made on a promissory note.

Giles v. Carter · filed 2016-12-07(8)

Consequently, in liberally construing section 38.001 as we must, we find that Carter’s claim against Giles to recover money she paid as the accommodation party for Giles is a claim on “an oral or written contract.” See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2008).

Section 38.001 authorizes reasonable attorney’s fees for a party that prevails and recovers damages on a contract claim, and an award is mandatory when the fees’ reasonableness is proved.

Trinh v. Fatha Elmi and Med Solutions Pharmacy, Inc. · filed 2015-09-24(8)

Section 38.001 of the Civil Practice and Remedies Code authorizes the award of attorney’s fees in a suit based on a written or oral contract. ... An award of attorney’s fees is mandatory under section 38.001 if there is proof of the reasonableness of the fees. ... The uncontroverted evidence established that Trinh incurred some amount of damages on his breach of contract claim and attorney’s fees based on that claim and, therefore, the jury’s award of no damages on his breach of contract claim and no attorney’s fees based on that claim is against the great weight and preponderance of the evidence.

Section 38.001(8) allows recovery of attorney’s fees for a contract claim.

Russell Caldwell D/B/A RW Caldwell Construction v. Jackie Wright · filed 2016-08-10(8)

Wright initially sued Caldwell for breach of contract. After significant time and resources were expended, Wright added, in April of 2013, a DTPA claim and claims for breach of implied and express warranties. Attorney’s fees are recoverable for all of these claims.

Section 38.001(8) entitles a prevailing party in a breach of contract suit to attorney’s fees.

State Farm Lloyds v. Ginger Hanson · filed 2016-06-30(8)

Because we have concluded that the evidence is legally sufficient to support the jury’s liability finding,16 we necessarily reject State Farm’s argument that the jury’s attorney’s fee award should be reversed because Hanson did not prevail on her contract claim. ... The prevailing party in a breach of contract suit is entitled to attorney’s fees.

Section 38.001 permits recovery of attorney’s fees on a claim for an oral or written contract when the claimant prevails.

Martin, William v. PlainsCapital Bank · filed 2017-04-26

Section 38.001 of the civil practice and remedies code provides for the recovery of attorney’s fees if, among other things, a claim is for an oral or written contract. ... To the extent Martin argued PlainsCapital was not entitled to attorney’s fees because it had not prevailed on its claim, this argument now fails in light of this opinion.

Section 38.001(8) allows attorney fees for a contract claim, but does not apply to fees incurred to confirm arbitration awards.

Jeremie Gordon and Amber Arnold-Gordon v. James B. Nickerson and Julia A. Nickerson, Trustees of the Nickerson Revocable · filed 2017-04-27(8)

As noted above, however, the trial court’s award of attorney fees here was not ... predicated on a contract claim, but on the Nickersons’ efforts to confirm the arbitration awards. As such, section 38.001(8) does not apply.

Section 38.001 permits a prevailing party in a suit to enforce a contract to recover costs and attorney’s fees.

Lisa Kramer, F/K/A Lisa Kastleman v. Kastleman · filed 2017-11-03

Moreover, this provision simply restates the law that a prevailing party in a suit to enforce a contract under chapter 38 of the Texas Civil Practice and Remedies Code may recover costs and attorney’s fees.

Section 38.001(8) authorizes recovery of attorney’s fees for a contract claim.

Land v. Land · filed 2018-07-19(8)

Attorney’s fees are recoverable for both claims. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 2015) (fees recoverable for a contract claim); Tex. Fam. Code Ann. § 9.205 (Vernon Supp. 2017) (fees recoverable for a claim to divide undivided assets).

Section 38.001(8) permits recovery of reasonable attorney’s fees on a valid oral or written contract claim.

Longhorn Integrity Inspection v. McC · filed 2018-09-14(8)

Finally, we conclude the district court properly awarded LIIS attorneys’ fees based on McCurdy’s breach of the modified agreement. See Tex. Civ. Prac. & Rem. Code § 38.001(8) (movant may recover reasonable attorneys’ fees on valid claim for oral or written contract).

Section 38.001(8) allows a party entitled to judgment on a breach of contract claim to recover attorney’s fees for that claim.

Coria v. Christopher Jide Ogidan and Moses Gbolabo · filed 2017-02-28(8)

Because appellant is entitled to judgment on her breach of contract claim, she may also recover her attorney’s fees. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2015).

Section 38.001(8) permits recovery of attorney’s fees for breach of a settlement agreement.

Lantek Communications, Inc. v. Peck · filed 2018-10-18(8)

Applying those principles, the unjustified breach of a settlement agreement necessarily exposes the breaching party to attorney’s fees for enforcement of the contract.

Section 38.001 permits recovery of attorney’s fees for a successful breach of contract claim.

Janice Su Allen, Individually and as Trustee of the Eagle Pass Living Trust v. Irwin · filed 2019-06-05

As noted above, Irwin did not abandon his breach of contract claim against Anglim. Instead, Irwin prevailed on that claim and was eligible to recover attorneys’ fees for that claim.

Section 38.001(8) permits recovery of attorney’s fees for enforcing a settlement agreement after an unjustified breach.

American Fisheries, Inc. v. National Honey, Inc. D/B/A National Commodities Co., or D/B/A NCC Group, Ltd., Jun Yang, Ind · filed 2018-08-07(8)

Accordingly, we conclude that American Fisheries’ “unjustified breach of a settlement agreement expose[d] [it] to attorney’s fees for enforcement of the contract.” See Garcia, 545 S.W.3d at 12 (citing TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2015)).

Section 38.001(8) allows recovery of attorney’s fees for breach of contract.

Caviness v. High Profile Promotions, Inc. · filed 2019-04-05(8)

Tex. Civ. Prac. & Rem. Code § 38.001(8) (attorney’s fees for breach of contract). ... Because High Profile was successful on both of its theories of liability, it could recover all of its actual damages under either ground, but not both, and could recover all of its attorney’s fees.

Section 38.001(8) allows a party that prevails on a breach of contract claim to recover attorney’s fees.

Sherman Moore, Individually and D/B/A S & S Security Inc. and George Adams v. Patriot Security Inc. · filed 2018-03-08(8)

The motion was supported by an affidavit of its attorney that asserted a claim for attorney’s fees under section 38.001(8) of the Texas Civil Practice and Remedies Code. ... Moore and S&S submitted no contrary evidence to create a fact issue on the matter of attorney’s fees and costs, nor did they challenge the reasonableness of the fees.

Section 38.001(8) entitles a party that prevails and recovers damages on a breach-of-contract claim to attorney’s fees.

James Construction Group, LLC, Primoris Services Corporation v. Westlake Chemical Corporation · filed 2019-12-17(8)

When a party prevails and is awarded damages on a breach-of-contract claim, it is entitled to attorney’s fees under section 38.001.

Section 38.001(8) permits recovery of attorney’s fees for a successful breach-of-contract claim.

Hossain Johari D/B/A Foxx Studio v. Ayva Center LLC · filed 2020-02-25(8)

Ayva was entitled to recover attorney’s fees due to prevailing on its claim for breach of contract. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (authorizing recovery of attorney’s fees for successful breach-of-contract claim).

Section 38.001(8) allows reasonable attorney’s fees on a successful breach-of-contract claim; a party whose claim fails cannot recover those fees.

Malone v. PLH Group, Inc. and Power Line Services, Inc. · filed 2020-04-07(8)

Because Malone did not prevail on his breach-of-contract claim, his claim for attorney’s fees under Section 38.001 on the Civil Practice and Remedies Code likewise failed.

Section 38.001(8) does not allow attorney’s fees when the claimant has not pleaded a breach of contract claim.

Key Equipment Finance, a Division of KeyBank Natio v. Cyr · filed 2020-06-11(8)

There is no question Plaintiff has not pled a claim for breach of contract and therefore cannot take advantage of the fee shifting provision under Tex. Civ. Prac. & Rem. Code § 38.001(8).

Section 38.001 allows reasonable attorney’s fees for a successful breach of contract claim even when a separate Insurance Code claim also supports fees.

John Hancock Life Insurance Company (U.S.A.) v. The Estate of Jennifer Lauren Wheatley c/o Louis A. Wheatley · filed 2020-09-22

Therefore, although the Estate is entitled to attorneys’ fees for its fourth counterclaim under § 542.060, the Estate may also recover under § 38.001 for the breach of contract counterclaim.

Section 38.001(8) entitles a party that prevails on a contract claim and recovers damages to reasonable attorney’s fees.

J.R. Richard Enterprises, Inc. D/B/A Richard's Total Backyard Solutions v. Claudia Viviana Niz and Sam Niz · filed 2020-12-17(8)

Thus, J.R. Richard was entitled to recover attorney’s fees under both section 38.001 and the parties’ agreement.

Section 38.001 allows recovery of reasonable attorney’s fees in addition to a valid claim for an oral or written contract.

Eric Hood A/K/A Tim Sackett v. CIT Bank, NA · filed 2021-02-18

Civil Practice and Remedies Code chapter 38 allows recovery of attorney’s fees in breach-of-contract cases: “A person may recover reasonable attorney’s fees . . . in addition to the amount of a valid claim and costs, if the claim is for . . . an oral or written contract.” Tex. Civ. Prac. & Rem. Code Ann. § 38.001.

Section 38.001(8) permits reasonable attorney’s fees for a claim based on a written contract.

Wells Fargo Bank NA v. Dixon · filed 2021-04-05(8)

Because the note Dixon entered is a written contract, the Court finds that Wells Fargo is entitled to reasonable attorney’s fees.

Section 38.001(8) allows a party who obtains specific performance on a contract claim to recover reasonable attorney’s fees.

Desai v. Good Hope Missionary Baptist Church of Houston · filed 2021-04-15(8)

Since we have rendered judgment in favor of Desai on her equitable, specific performance claim, she is the prevailing party under both the contract and section 38.001(8).

Section 38.001(8) requires an award of reasonable attorney’s fees to a party that prevails on a breach-of-contract claim and proves the fees’ reasonableness.

Roy Upshaw and R&S Upshaw Franchising, LLC v. Lacado, LLC, Andrew K. Wilson, Cade Wilson, and Carrd, LLC · filed 2021-07-22(8)

Because Lacado prevailed on its breach-of-contract claim, it was authorized to recover its attorney’s fees. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8). When a prevailing party in a breach-of-contract suit seeks attorney’s fees, an award of reasonable fees is mandatory if there is proof of the reasonableness of the fees.

Section 38.001(8) entitles the prevailing party in a breach of contract lawsuit to reasonable attorney fees and costs.

Aperia Solutions Inc v. OLB Group Inc · filed 2021-06-04(8)

As the prevailing party in this breach ... of contract lawsuit, Aperia is entitled to reasonable attorney fees and costs by ... statute.

Section 38.001(8) permits recovery of reasonable attorney’s fees for breach of contract.

Bissell v. Legends Underground Utilities, Inc. · filed 2020-04-28(8)

Attorneys’ fees and costs are recoverable for breach of contract under Texas Law.

Section 38.001(8) allows a prevailing party on a written contract claim to recover reasonable attorney’s fees from a corporation.

Paisano Capital SA DE CV v. 23 Texas Produce Inc · filed 2019-07-18(8)

A prevailing party in a civil action may recover attorney’s fees from a corporation in a claim for a written contract. ... Accordingly, Plaintiff’s request for attorney’s fees is granted in the amount of $9,991.00.

Section 38.001(8) entitles a prevailing party on a written contract claim to attorney’s fees from an individual or corporation; the award is not discretionary.

Wells Fargo Bank National Association v. Anthony · filed 2020-06-30(8)

A prevailing party in a civil action may recover attorney’s fees from an individual or a corporation in a claim under a written contract. TEX. CIV. PRAC. & REM. CODE § 38.001(8); see also FED. R. CIV. P. 54(d)(2). While § 38.001(8) uses the term “may,” “the Texas Supreme Court has declared that attorneys’ fees under section 38.001 are not discretionary.” Kona Tech. Corp. v. S. Pac. Transp. Co., 225 F.3d 595, 603 n.2 (5th Cir. 2000) (citing Bocquet v. Herring, 972 S.W.2d 19, 20 (Tex. 1998)). The Court finds that Wells Fargo is entitled to attorney’s fees, the amount of which is to be determined by subsequent motion.

Section 38.001(8) permits a party that prevails on an oral or written contract claim to recover attorney’s fees.

HSU v. Conterra Services, LLC · filed 2021-03-11(8)

A party who prevails on a claim based on an oral or written contract may recover attorney’s fees. TEX. CIV. PRAC. & REM. CODE § 38.001(8). ... We hold that the trial court did not abuse its discretion in awarding Conterra its reasonable and necessary attorney’s fees based on the evidence before it.

Section 38.001(8) allows attorney’s fees for a breach of contract claim that the opposing party judicially admitted was at issue.

John Nguyen and Jeslyn Tran v. Minh Nguyen and Nga Le · filed 2021-08-26(8)

Managers contend that “[t]his cause of action was brought in torts and not contract” and, thus, that Co-owners were not entitled to attorney’s fees under Section 38.001 of the Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8). But Managers judicially admitted in their original answer that a breach of contract claim was at issue. ... We therefore overrule Managers’ fourth issue.

Section 38.001(8) permits reasonable attorney’s fees for an oral or written contract claim, but does not support appellate fees when the party brought no contract claim and did not request fees under the section.

Olivarez v. Garza · filed 2021-11-18(8)

However, cross-appellants did not file a breach of contract cause of action against Fela, and they did not request attorney’s fees under § 38.001(8). Compare id. § 31.002(e) with id. § 38.001(8). Therefore, cross-appellants are not entitled to appellate attorney’s fees on this basis, and we reject this argument.