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

Section 38.001(8) allows a prevailing party on an oral or written contract claim to recover reasonable attorney’s fees, including after default judgment.

Crown Distributing LLC v. Ice Suppz LLC · filed 2022-07-11(8)

Under Texas law, a prevailing party in a civil action may recover attorneys’ fees in a claim for an oral or written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8); see also Fed. R. Civ. P. 54(d)(2). ... Thus, the Court GRANTS Plaintiff’s request for attorneys’ fees in the amount of $8,544.00.

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

Hefei Ziking Steel Pipe Co., LTD. v. Meever & Meever · filed 2021-09-20

Texas law permits a prevailing party in a breach of contract suit to recover attorney’s fees and costs, provided the party, through its counsel, timely presents its claim to the opposing party pre-suit. ... The Court, therefore, finds that Ziking is entitled to recover attorney’s fees and costs.

Section 38.001 allows a prevailing plaintiff to recover reasonable attorney’s fees for a breach of contract claim.

Winston v. State Farm Lloyds · filed 2022-08-11

In addition, under Texas law, plaintiffs may recover reasonable attorneys’ fees for prevailing on their breach of contract claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001.

Section 38.001(8) entitles a prevailing party on a breach of contract claim to reasonable and necessary attorney’s fees.

Ohio Security Insurance Company v. Dallas Remodeling Group LLC · filed 2022-09-08(8)

As the prevailing party on its breach of contract claim, Plaintiff is entitled to recover reasonable and necessary attorney’s fees.

Section 38.001(b)(8) permits recovery of attorney’s fees for a breach of contract claim; fees need not be segregated when that is the claimant’s only claim.

Al's Electric, LLC and Alton Labrecque v. McNeely · filed 2022-10-19(b)(8)

McNeely had only one claim, breach of contract, for which attorney’s fees are recoverable. TEX. CIV. PRAC. & REM. CODE § 38.001(b)(8). There was no need to segregate the fees.

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

Giese v. Tetra Technologies, Inc. · filed 2022-07-01(b)(8)

The court concludes that Giese prevailed on his breach of contract claim, was awarded actual damages, and is entitled to attorneys’ fees under section 38.001(b)(8).

Section 38.001(8) permits recovery of reasonable attorney’s fees from an individual on a valid oral or written contract claim, in addition to the claim amount and costs.

Rido v. Johnson · filed 2023-01-12(8)

Texas law provides that “[a] person may recover reasonable attorney's fees from an individual . . . in addition to the amount of a valid claim and costs, if the claim is for … an oral or written contract.” ... Accordingly, Plaintiff is entitled to recover attorney’s fees under Texas law.

Section 38.001 permits attorney’s fees when a party prevails on a substantial performance claim tied to a written contract for services, labor, and materials.

Gulf Coast Fiber Services, LLC v. BMF Drilling, LLC · filed 2022-07-28(b)

Even though claims for substantial performance presume a quasi-contract theory, BMF’s claim is tied to a written contract. And the contract required BMF to perform services, labor and to provide materials to Gulf Coast. ... And we hold that the trial court did not abuse its discretion by awarding BMF attorney’s fees under section 38.001 of the Texas Civil Practice and Remedies Code when, in ... its discretion, it decided to sign a judgment favoring BMF that made BMF the prevailing party in the suit.

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

Eagle Railcar Services, L.P., Eagle Railcar Services - Roscoe, Inc., Eagle Railcar Services - Cairo, Ohio, LLC and Eagle · filed 2023-07-21(8)

Having concluded that Section 38.001(8) authorized Matheson to recover its attorney’s fees, we need not consider the propriety of granting attorney’s fees under the UDJA.

Section 38.001(b) authorizes attorney’s fees for a prevailing party on a contract claim, but an unpled contract claim cannot support a request for fees.

Ironshore Specialty Insurance Company v. Scott · filed 2023-10-17(b)

If Facility IMS did not repay advances, that breach of contract would entitle Ironshore to attorneys’ fees under Tex. Civ. Prac. & Rem. Code § 38.001(b), which authorizes fees awards to parties prevailing on contract claims. ... While Ironshore’s reasoning is sound, it did not plead that Facility IMS breached the Reimbursement Provision in its pro- posed amended complaint. The Court will not let Ironshore seek remedies for unpled claims.

Section 38.001(8) entitles a prevailing party on an oral or written contract claim to recover reasonable and necessary attorneys’ fees.

Flying R Aviation LLC v. Bondio LLC · filed 2024-02-22(8)

In Texas, a prevailing party in a civil action is entitled to recover attorneys’ fees in a claim for an oral or written contract. See TEX. CIV. PRAC. & REM. CODE § 38.001(8). ... The Court also awards Flying R $211,922.00 in attorneys’ fees.

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

Ebby Halliday Real Estate, Inc. D/B/A Ebby Halliday Realtors, Dave Perry Miller Real Estate, Williams Trew Real Estate v · filed 2023-02-28(8)

A plaintiff may recover attorney’s fees for breach of a written contract. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8); see also Woodhaven Partners, Ltd. v. Shamoun & Norman, 422 S.W.3d 821, 837–38 (Tex. App.—Dallas 2014, no pet.). Because Ebby Halliday is entitled to summary judgment on its breach of contract claim, it is also entitled to attorney’s fees.

Section 38.001 permits a party who prevails on a breach-of-contract claim and recovers damages to recover reasonable and necessary attorney’s fees.

Ligon v. Casey · filed 2023-07-27(b)(8)

A breach-of-contract claim is a cause of action for which attorney’s fees are recoverable. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(b)(8). Because the trial court did not err in awarding Casey damages based on her breach-of-contract claim, Casey, as the prevailing party, was entitled to recover her reasonable and necessary attorney’s fees.

Section 38.001(b)(8) entitles a party who succeeds on a breach of contract claim to reasonable attorney’s fees and costs, with the amount determined later.

Engelhart, Chapter 7 Trustee v. Doctors Hospital 1997, L.P. · filed 2023-08-04(b)(8)

Since this Court has already granted summary judgment on Trustee’s breach of contract claim against UMMC, Trustee is also entitled pursuant to § 38.001(b)(8) to an award of reasonable attorney’s fees and costs, with the amount to be determined at trial.

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

United Van Lines, LLC v. Clark · filed 2023-08-08(8)

Plaintiff is entitled to fees for its successful breach-of-contract claim . See TEX. CIV. PRAC. & REM. CODE § 38.001(8); First Nat’l Bank of Pa. v. Oceanic Protective Servs., LLC, No. SA-19-CV-141-XR, 2019 WL 2329323 (W.D. Tex. May 31, 2019).

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

Borusan Mannesmann Pipe US, Inc. v. Hunting Energy Services, LLC · filed 2023-08-24(b)(8)

Hunting may recover reasonable attorney’s fees if it prevailed in its breach of contract claim. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(b)(8). As previously concluded, the trial court did not err when it entered judgment in favor of Hunting on its breach of contract claim. Thus, there is a basis for the trial court’s award of attorney’s fees, and we reject this argument.

Section 38.001 allows a prevailing party in a breach-of-contract case to recover reasonable and necessary attorney’s fees.

Daniel W. Hawkins and Hawkins Ward Enterprises, LCC D/B/A General Rental Center v. Horton · filed 2023-08-30

Horton sought attorney’s fees under Texas Civil Practice and Remedies Code section 38.001, which allows a prevailing party in a breach-of-contract case to recover reasonable and necessary attorney’s fees.

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

AMPM Enterprises, Inc., Point Target Enterprises, Inc., and Khawar Asghar v. Borders & Long Oil, Inc. · filed 2023-09-07(b)(8)

The summary judgment was only for Borders’ breach of contract claims against AMPM, Asghar, and PTE, and attorney’s fees are recoverable on a claim of breach of contract. See TEX. CIV. PRAC. & REM. CODE § 38.001(b)(8). Thus, the failure to segregate attorney’s fees in this case did not create a fact issue.

Section 38.001 permits reasonable attorney’s fees when a party prevails on a breach of contract claim and recovers damages.

United States Fire Insurance Company v. Unified Life Insurance Company · filed 2024-03-29

Section 38.001 allows for attorney’s fees in a successful breach of contract action. Tex. Civ. Prac. & Rem. Code § 38.001. Because Unified prevails on its breach of contract claim and is entitled to damages, it is entitled to reasonable attorney’s fees under Chapter 38.

Section 38.001(b)(8) authorizes attorney’s fees in oral or written contract suits, subject to reasonable rates and hours.

CIC Coatings, LLC v. The Idaho Painter, Inc. · filed 2023-03-13(b)(8)

And the Texas Civil Practice and Remedies Code authorizes attorney’s fees in suits for “oral or written contract.” TEX. CIV. PRAC. & REM. CODE § 38.001(b)(8). But under the Texas lodestar method for calculating attorney’s fees, a contract party may recover only for work performed at a reasonable hourly rate and for a reasonable number of hours.

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

Coim USA Inc v. SjoBrand Inc · filed 2023-03-21(8)

The Court GRANTS Plaintiff’s request for attorney’s fees in accordance with Texas Civil Practice and Remedies Code § 38.001 and ORDERS Plaintiff to submit evidence to the Court—within thirty days of the date of this memorandum opinion and order—of its reasonable attorney’s fees incurred in prosecuting this action.

Section 38.001 requires a party seeking attorney’s fees on a contract claim to prevail on a claim that permits fees and recover damages; successfully defending a contract claim without recovering damages does not qualify.

Affordable Builders of America, Inc. v. Thomas · filed 2023-05-10

“[T]o recover attorney’s fees under section 38.001, a party must (1) prevail on a cause of action for which attorney’s fees are recoverable, and (2) recover damages.” ... Therefore, section 38.001 is inapplicable, and defendant is not entitled to attorney’s fees under this statute.

Section 38.001 authorizes a prevailing plaintiff to recover attorney’s fees for foreclosure and breach of contract.

Wells Fargo Bank, National Association v. Nelms · filed 2023-07-24

Third, under FED. R. CIV. P. 54(d)(2), Plaintiff, as the prevailing party in this suit, is entitled to attorney’s fees because they are authorized under Tex. Civ. Prac. & Rem. Code § 38.001 for foreclosure and breach of contract.

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

J.A. Masters Investments v. Beltramini · filed 2023-07-24(b)(8)

“To recover fees under this statute, a litigant must do two things: (1) prevail on a breach of contract claim, and (2) recover damages.” MBM Fin. Corp., 292 S.W.3d at 666. Mr. Beltramini did prevail on his breach of contract claim and is entitled to $175,000 in damages from that breach. Both elements for attorney’s fees under § 38.001(b)(8) have been satisfied.

Section 38.001(8) allows a prevailing party on a contract claim to recover attorney’s fees if the requested fees are shown to be reasonable and necessary.

Flying R Aviation LLC v. Bondio LLC · filed 2023-07-26(8)

In Texas, a prevailing party in a civil action may recover attorneys’ fees in a claim for an oral or written contract. Tex. Civ. Prac. & Rem. Code § 38.001(8). ... The Court therefore DENIES WITHOUT PREJUDICE Flying R’s request for attorneys’ fees.

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

QJD Peking Duck Restaurant, Inc. and Long Gao v. TCP Spectrum Partners, LTD · filed 2023-08-24(8)

A party who prevails on a claim based on an oral or written contract generally may recover attorney’s fees. TEX. CIV. PRAC. & REM. CODE § 38.001(8).

Section 38.001(8) requires an award of reasonable attorney’s fees to a prevailing party in a breach of contract suit who seeks them.

Cortes-Castillo v. One Time Construction Texas LLC · filed 2023-09-08(8)

“Under Texas law, when a prevailing party in a breach of contract suit seeks attorneys’ fees, an award of reasonable fees is mandatory under Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8).”

Section 38.001(8) permits a prevailing contract claimant who recovers damages to recover reasonable attorney’s fees.

Wesley & Wesley, Inc., D/B/A Integrated Foundation Solutions v. Stephen Klarer, as Independent for Estate of Robert L. K · filed 2023-10-04(8)

As discussed above, Klarer prevailed on his breach of contract claim and proved and recovered economic damages caused by IFS’s breach. Klarer was, therefore, entitled to attorney’s fees under section 38.001.

Section 38.001 entitles a party that prevails on a contract claim and recovers damages to reasonable attorney’s fees; if some evidence supports fees but does not establish the amount, the fee request may be remanded for further proceedings.

Accent Builders, Inc. v. R.A. Session II and Lily Teklu · filed 2024-06-24(b)

However, Accent is entitled to recover attorney’s fees under Section 38.001 of the Civil Practice and Remedies Code and provided some evidence legal services were required to prosecute its claims.

Section 38.001(b) permits recovery of attorney’s fees when the claimant prevails on a breach of agreement claim.

Daniel Ogbonna and Kingsley Ekworomadu, Olimax Group Inc., Olimax Manufacturing, LLC and Royalbrave Inc. v. Cruick · filed 2023-08-15(b)

Appellants’ argument under this issue appears limited to asserting that Cruickshank was not entitled to her attorney’s fees because she did not prevail on her claim for breach of the agreement, as discussed under issue one above. See Tex. Civ. Prac. & Rem. Code § 38.001(b). Because we overruled ... appellants’ first issue challenging the breach claim, we also overrule appellants’ third issue, which is dependent on success on the first issue.

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

Wilmington Savings Fund Society v. King-Johnson · filed 2024-08-30(8)

The Court grants WSFS its reasonable attorneys’ fees in accordance with the Note, the Deed of Trust, and Section 38.001 of the Texas Civil Practice and Remedies Code.

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

Dawn Buckingham, MD, Commissioner v. Pearl Resources LLC · filed 2025-02-28(b)(8)

Because the GLO has met its burden to provide the State Leases constitute written contracts that Pearl has breached, the GLO is entitled to collect such fees.

Section 38.001(8) permits reasonable attorney’s fees for a valid breach of contract claim against an individual, including when the relief awarded is specific performance.

Wendt v. Evalyn Wendt Moore, Amilee Wendt, and Jackie Wendt Martin · filed 2024-10-10(8)

Under Civil Practice and Remedies Code section 38.001(8), a person may recover reasonable attorney’s fees from an individual in addition to the amount of a valid claim and costs if the claim is for the breach of an oral or written contract. ... Accordingly, the breach of contract claims not involving Tract 15 do not support the award of attorney’s fees.

Section 38.001(b)(8) allows attorney’s fees for a breach-of-contract claim, but a defendant seeking fees must have an affirmative counterclaim.

Brown v. Petty Flying Service, Inc. · filed 2024-11-07(b)(8)

The proposed charge further included findings for damages and attorney’s fees that would necessarily require being predicated on an affirmative counterclaim for breach of contract. ... Brown included no such counterclaim in his petition nor was it tried by consent.

Section 38.001(8) authorizes attorney’s fees for a breach of contract cause of action.

Telegina v. Nechayuk · filed 2024-12-12(8)

Likewise, attorney’s fees are authorized in a breach of contract cause of action. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8).

Section 38.001 permits recovery of attorney's fees and costs on a prevailing breach-of-contract claim.

Fundiciones Balaguer, S.A. v. Ferrell-Ross Roll Manufacturing, Inc. · filed 2024-12-17

Here, Texas Civil Practice and Remedies Code permits a prevailing party in a breach-of-contract suit to recover attorney's fees and costs, provided the party, through its counsel, timely presents its claim to the opposing party before the litigation.

Section 38.001 requires an award of reasonable and necessary attorney’s fees to a party prevailing on a breach of contract claim, while leaving the amount to the court’s discretion.

Estate of Melvin Noble, Jr. v. Bollin · filed 2025-11-21

First, a party who prevails on a cause of action for breach of contract is entitled to receive its reasonable and necessary attorneys’ fees from the losing party. TEX. CIV. PRAC. & REM. CODE § 38.001. Under this statute, an award for reasonable attorneys’ fees to the prevailing party in a breach of contract action is mandatory, but the amount of reasonable fees is discretionary.

Section 38.001(b)(8) makes attorney’s fees available for a breach of contract claim.

Giarratano v. Ramirez · filed 2025-10-02(b)(8)

Attorney’s fees with respect to this breach of contract claim are also available, under governing Texas law.

Section 38.001(b)(8) provides for a prevailing party’s attorney’s fees in a breach of contract action; the award is mandatory, but its amount is discretionary.

Hancock Whitney Bank v. Kingdom Health Holdings · filed 2025-11-21(b)(8)

Moreover, Chapter 38 of the Texas Civil Practice & Remedies Code provides for attorneys’ fee recovery for the prevailing party in a breach of contract action. TEX. CIV. PRAC. & REM. CODE § 38.001(b)(8). Under § 38.001, an attorneys’ fee award is mandatory, but the amount is discretionary. ... After considering the uncontroverted evidence and the relevant factors, the Court finds Plaintiff is entitled to recover its reasonable attorneys’ fees, the total amount being $138,536.44.

Section 38.001 permits reasonable attorney’s fees for a contract claim when the claimant prevails and recovers damages.

First Hartford Realty Corporation v. Food Ventures North America, Inc. · filed 2025-11-25

Texas Civil Practice and Remedies Code Section 38.001 requires that the claimant prevail on the underlying claim and recover damages in order to recover attorney’s fees.

Section 38.001(b)(8) provides for attorney’s fees to a prevailing party in a breach of contract action; the award is mandatory, but its amount is discretionary.

Hancock Whitney Bank v. Kingdom Health Holdings · filed 2025-12-02(b)(8)

Moreover, Chapter 38 of the Texas Civil Practice & Remedies Code provides for attorneys’ fee recovery for the prevailing party in a breach of contract action. TEX. CIV. PRAC. & REM. CODE § 38.001(b)(8). Under § 38.001, an attorneys’ fee award is mandatory, but the amount is discretionary. ... After considering the uncontroverted evidence and the relevant factors, the Court finds Plaintiff is entitled to recover its reasonable attorneys’ fees, the total amount being $138,536.44.

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

Angela Kate Whittenburg Wang v. Whittenburg · filed 2026-05-15(b)(8)

To obtain fees under this statute, a litigant must “(1) prevail on a breach of contract claim, and (2) recover damages.” ... Angela Kate is therefore entitled to her reasonable and necessary attorney’s fees incurred in this suit.

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

Wibracht · filed 2025-12-10(b)(8)

Steven is also entitled to attorneys’ fees for prosecuting his claims against the Third-Party Defendants, because “[a] person may” generally “recover reasonable attorney’s fees” for a breach of contract claim in Texas.

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

CR Trade Financing, LLC v. Juan Diego Zelaya Aguilar · filed 2026-03-25(b)(8)

Having sustained CR Trade’s first, second, and third issues, CR Trade has shown its entitlement to reasonable attorney’s fees and costs resulting from Zelaya’s breach of the continuing guaranty.

Section 38.001(8) provides for reasonable attorney’s fees to a prevailing party on a breach of contract claim when the fees are proved reasonable.

L.A. Public Insurance Adjusters, Inc. v. Nelson · filed 2026-03-30(8)

“Under Texas law, when a prevailing party in a breach of contract suit seeks fees, an award of reasonable fees is mandatory, as long as there is proof of reasonable fees.”2 Mathis, 302 F.3d at 462 (citing Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8)). ... The Court therefore awards Nelson the requested $118,620 in attorney’s fees.

Section 38.001(b)(8) permits recovery of reasonable attorney’s fees incurred to enforce a Rule 11 settlement agreement, but not fees for work solely preparing for a temporary-injunction hearing.

Morales v. Lowenberg · filed 2026-05-28(b)(8)

A litigant can recover reasonable attorney’s fees incurred to enforce a contract. Tex. Civ. Prac. & Rem. Code § 38.001(b)(8). ... Thus, the trial court did not err in awarding Lowenberg attorney’s fees incurred to enforce the settlement agreement.

Section 38.001(8) permits attorney’s fees for successfully prosecuting a contract claim, but not for defending against one.

Heritage Gulf Coast Properties, Ltd. v. Sandalwood Apartments · filed 2013-09-24(8)

Remedies Code Chapter 38, which would authorize recovery of fees for Sandalwood successfully prosecuting its own contract counterclaims but not for defending against appellants’ claims; see Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008); Chevron Phillips Chem. Co., 346 S.W.3d at 70; (2) as an element of punitive damages, a request based on Sandalwood successfully prosecuting its own counterclaims; and (3) as sanctions under Texas Civil Practice and Remedies Code Chapter 10, which, if appropriate, would encompass fees for successfully defending against appellants’ purportedly frivolous claims (as requested in Section VIII); see Tex. Civ. Prac. & Rem. Code Ann. §§ 10.001–.006 (West 2002).

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

Salinas v. Asbury Automotive Group, Inc. · filed 2020-10-13

The arbitrator awarded McDavid attorney’s fees pursuant to the Texas Civil Practice and Remedies Code, which allows the prevailing party to recover reasonable attorney’s fees for claims asserted in contract.

Section 38.001 requires recovery of damages on a valid claim before attorney’s fees may be awarded, but parties may agree to a different standard in a contract.

Woodbranch Investments, Woodbranch Management, Inc., and Woodbranch Cowtown Parking, LLC v. XTO Energy, Inc. · filed 2025-04-10(b)

Because—unlike Section 38.001—the lease’s language does not expressly require the recovery of damages by the prevailing party to support an attorney’s-fee award, we will affirm.

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

Albert Lujan D/B/A Texas Wholesale Flower Co. v. Navistar, Inc., Navistar International Corporation, Navistar Internatio · filed 2015-03-27(8)

Additionally, an award of attorney's fees in a breach of contract claim is appropriate only if a party prevails and recovers damages.

Section 38.001(8) allows attorney’s fees when an insured recovers defense costs under an insurance policy through waiver and estoppel.

Ulico Casualty Company AND Allied Pilots Association v. Allied Pilots Association AND Ulico Casualty Company · filed 2005-12-15(8)

Because the Association’s recovery in this case was based on Ulico’s nonpayment of defense costs in accordance with the terms of the insurance policy, we conclude that the trial court erred by failing to award the Association its reasonable and necessary attorney’s fees under section 38.001(8).

Historical (superseded by the Texas Supreme Court in 2001): Section 38.001(8) allows attorney's fees on a contract claim, but section 38.006 exempts insurers covered by its Insurance Code provisions.

Lafarge Corp. v. Hartford Casualty Insurance · filed 1995-08-21(8)

We therefore concluded that "[t]his language implies that an insurer who falls within the provisions of section 38.006 is exempt from the payment of attorney's fees and that only those insurers who do not qualify for the exemption are subject to the payment of attorney's fees." ... In these circumstances, we must follow the holding of Bituminous Casualty. The award of attorneys' fees to Lafarge for the prosecution of this suit is reversed.

Section 38.001(8) permits attorney's fees in a suit solely for breach of an uninsured motorist insurance contract when the insured proves a valid claim, attorney representation, timely presentment, and no timely settlement offer.

Whitehead v. State Farm Mutual Automobile Insurance · filed 1997-09-16(8)

The insured can be properly awarded attorney's fees when the only cause of action tried in the case arises under an uninsured/underinsured motorists insurance contract when the insured establishes she had a valid claim, she was represented by an attorney, and she sent a timely presentment letter yet received no timely settlement offer.

Section 38.001(8) permits recovery of reasonable attorney's fees incurred in a successful breach-of-contract suit against an insurer subject to section 38.006, unless another statute makes the insurer liable for those fees.

Acceptance Insurance Company v. S & S Telecom, Inc. · filed 2001-07-25(8)

Because we affirm the trial court's judgment finding Acceptance breached the contract, we affirm the trial court's award of $16,622.50 in attorney's fees for the amount S&S expended pursuing the lawsuit against Acceptance.

Section 38.001 allows a policyholder who succeeds on a breach-of-contract claim against an insurer to recover reasonable attorney's fees unless another statutory scheme provides those fees.

Grapevine Excavation v. Lloyds · filed 2001-01-18(8)

We hold that in a policyholder's successful suit for breach of contract against an insurer that is subject to the provisions listed in section 38.006, the insurer is liable for reasonable attorney's fees incurred in pursuing the breach-of-contract action under section 38.001 unless the insurer is liable for attorney's fees under another statutory scheme.

Section 38.001(8) allows reasonable attorney's fees for a successful breach-of-contract claim against an insurer.

William McMillin and Mary Furse//Cross-Appellant, State Farm Lloyds v. State Farm Lloyds//Cross-Appellees, William McMil · filed 2005-08-26(8)

But they did prevail in their breach-of-contract claim and are entitled to an award of reasonable attorney's fees established by the evidence.

Section 38.001(8) permits recovery of reasonable attorney's fees on a contract claim when the prevailing party satisfies the presentment requirements.

Wesley G. Grace Brownlee O. Currey, Jr. Irby C. Simpkins, Jr. And Texcor Industries, Inc. v. Charles M. Duke, Jr. and Ch · filed 2001-06-07(8)

Section 38.001(8) of the 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. ... Further, the Texas Group brought and prevailed on a breach of contract claim. Therefore, if there is presentment under section 38.002, they are entitled by statute to recover attorney's fees. ... We hold the amended motion for summary judgment adequately raised and established the Texas Group's entitlement to attorney's fees.

Section 38.001(8) requires a claimant seeking attorney's fees for breach of contract to allege and prove presentment of the claim.

Diaz v. Attorney General of State of Tex. · filed 1992-02-20(8)

Entitlement to attorneys' fees for breach of contract under § 38.001(8) occurs only if the claimant alleges and proves presentment of the claim.

Section 38.001(8) permits attorney fees for a contract claim when the opposing party had clear notice of the fee request, even if the pleading did not cite the statute.

En Serch Corporation v. Shand Morahan & Co., Inc. · filed 1992-03-09(8)

We can find no case where a party that clearly presented a claim for attorney fees for enforcing a contract (the situation § 38.001(8) addresses), yet failed to mention that statute, has been denied those fees. We find that the insurers were clearly put on notice that Ebasco, if it prevailed, would seek its attorney fees under the applicable statute, and that to deny Ebasco those fees would hold them to too rigid a pleading requirement.

Section 38.001 allows recovery of attorney's fees in a suit on a written contract when the claim for fees is pleaded.

Price v. Galleria Oaks Associates · filed 1994-05-04

To recover attorney's fees in a suit on a written contract, a claim for attorney's fees must be pleaded and there must be proof of presentment of the contract claim. See Tex. Civ. Prac. & Rem. Code Ann. §§ 38.001, .002 (West 1986). ... We conclude there is adequate pleading of attorney's fees, and our review of the statement of facts reveals ample evidence that the claim for rent under the lease was adequately presented to Price and Cotton.

Attorney’s fees for a successful breach of contract claim require presentment of that claim to the opposing party, giving it an opportunity to pay.

SW Recreational v. Fieldturf Inc · filed 2002-08-14

That letter does not constitute adequate presentment of Southwest’s breach of contract claims. ... Thus, the district court erred in awarding attorneys’ fees on Southwest’s breach of contract claims because Southwest failed to present FieldTurf with an opportunity to pay those claims and avoid the burden of paying attorneys’ fees.

Section 38.001(7) permits attorney’s fees in a suit on a sworn account if the claimant satisfies the presentment requirement.

Omar Elhamad, D/B/A R.B. Construction and D/B/A R.B. Construction Engineers v. Quality Oil Trucking Service, Inc. · filed 2003-09-25(7)

Attorney's fees are proper and may be awarded in a suit on a sworn account, provided the party complies with 38.002's presentment requirement.

To recover attorney's fees under Section 38.001, a party must affirmatively plead for them.

Robert Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Thomas Luth And Fritz, Byrne, Head & Harrison, L.L.P./Robert Hag · filed 2004-02-20

A party must affirmatively plead for attorney's fees under chapter 38 for that chapter to form the basis of the award.

Section 38.001 attorney’s fees must be affirmatively pleaded before they can support an award.

Robert Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Thomas Luth And Fritz, Byrne, Head & Harrison, L.L.P./Robert Hag · filed 2004-06-24

A party must affirmatively plead for attorney's fees under chapter 38 for that chapter to form the basis of the award.

Section 38.001 allows recovery of reasonable attorney’s fees incurred during the thirty days after presentment when the opposing party fails to tender performance.

Partners Lending Auto Group, L.L.C. v. Leedom Financial Services, L.L.C. · filed 2011-07-07

However, neither Texas case law nor Section 38.001 indicates that, once a party fails to tender performance, it does not then become liable for all reasonable attorney’s fees necessarily incurred in the prosecution of the claim.

A claimant seeking attorney’s fees for a contract claim under Section 38.001 need not name the section in the pleading when the alleged facts support recovery.

Greg Gibson and Christine Gibson v. Cuellar · filed 2013-09-05(8)

Moreover, as the record does not indicate that the Gibsons specially excepted to Cuellar’s lack of specific identification of section 38.001 in his request for attorney’s fees, we construe the pleadings liberally in favor of Cuellar.

Section 38.001 does not permit an attorney’s fee award on a contract claim without evidence that the claimant presented the claim to the opposing party.

George E. Rhymes Jr. and Rhymes Industrial Filtration & Consulting, LLC v. Filter Resources, Inc. · filed 2016-09-22(8)

Our review of the record has not revealed any evidence of presentment upon which the trial court could enforce the jury’s attorney’s fee award under section 38.001.

Section 38.001 permits attorney’s fees on a breach of contract claim when attempts to exercise a ripe renewal right adequately present the claim and the other party refuses within 30 days.

Pizza Inn Inc v. Clairday · filed 2019-11-04

Clairday presented his claim to Pizza Inn multiple times when Clairday attempted to exercise his ripe right to renew. See Mot. Att’ys Fees and Br. Supp. 3–4 [67]. Third, Pizza Inn refused to honor Clairday’s request within 30 days of Clairday’s presentment. Thus, Clairday sufficiently meets the requirements of section 38.001.

Section 38.001(a) permits attorney’s fees for a successful contract claim, but the claimant must present the claim to the opposing party to recover those fees.

Puga v. New York Marine & General Insurance Co. · filed 2021-06-25(a)

Plaintiffs’ claim to attorneys’ fees invokes the statutory provision allowing for the award of attorneys’ fees with the successful prosecution of a claim for breach of contract. ... The Court thus FINDS that Plaintiffs have failed to satisfy their burden to show that they presented their claim prior to filing this lawsuit. Having failed to satisfy this predicate for recovery, the Court DENIES Plaintiffs’ motion for attorneys’ fees in its entirety.

Section 38.001 allows a party who recovers on a contract claim to obtain attorney’s fees when a demand letter sufficiently presents the claim.

Crane v. Rave Restaurant Group, Inc. · filed 2022-02-09(8)

The Court therefore finds the Letter is sufficient proof of presentment. ... Thus, Crane has met the requirement for presentment, Sacks, 481 S.W.3d at 251–253, and is eligible for attorneys’ fees.

In federal court, Rule 54(d)(2) controls when a prevailing party may move to recover attorney’s fees under § 38.001(8).

Vigce LLC v. Level Eleven LLC · filed 2024-05-01(8)

Rule 54(d)(2) controls when a prevailing party may move for recovery of its attorneys’ fees under Section 38.001(8).

Section 38.001 allows attorney's fees on a contract claim only to a prevailing party; a claimant who forfeits the recovery under the usury statute is not a prevailing party.

Broady v. Johnson · filed 1988-11-15

The statute, Tex.Civ.Prac. & Rem.Code Ann. § 38.001 (Vernon 1986), provides that a person may, in addition to the amount of a valid claim, recover attorney's fees if the claim is on a contract. The fees may be awarded only to a prevailing party. Since Tex.Rev.Civ.Stat.Ann. art. 5069-1.06(2) provides that a person charging double the lawful rate of interest forfeits all principal, interest, and all other charges, such a person cannot be considered a prevailing party. ... We hold that Johnson was not entitled to attorney's fees in view of the forfeitures required by the usury statute.

Section 38.001 allows attorney fees for a contract claim only when the claimant pleads and proves a valid claim and obtains judgment on it.

Huddleston v. Pace · filed 1990-04-18(8)

A condition precedent to the recovery of attorney fees under Art. 2226 (now § 38.001) is the pleading and proof of a "valid claim" as described in the statute, and a judgment obtained on that claim.

Section 38.001(8) allows attorney's fees only when a party prevails on a valid breach-of-contract claim.

James E. Newton and James E. Newton, Inc. v. Billy G. Newman and Automatic Cooling, Inc. · filed 1992-02-19(8)

Section 38.001(8) permits recovery of reasonable attorney's fees "in addition to the amount of a valid claim." We construe this to mean that a party must prevail on a "valid claim" for breach of contract before he may recover his attorney's fees.

Section 38.001 requires a party seeking attorney's fees on a written contract to prevail on a qualifying claim and recover money or something of value.

Gillespie v. Laura Cline and William Cline D/B/A Cline & Company · filed 1993-02-24

To recover attorney's fees for a claim on a written contract, a party must satisfy two requirements: (1) the party must prevail on a cause of action for which attorney's fees are recoverable; and (2) there must be a recovery of money or at least something of value.

Section 38.001(8) allows attorney's fees for a contract claim only if the party prevails on that claim.

Frymire v. Randell W. Orcutt and Ronda Orcutt · filed 1992-09-16(8)

Under § 38.001, the Orcutts are not entitled to attorneys' fees based on mere prosecution of their contract claim. They must prevail on their claim.

Section 38.001(8) does not allow attorney's fees when a party fails to prevail on a contract claim.

Spangler v. Jones · filed 1993-08-24(8)

Because Spangler did not prevail on his breach of contract action or any other claim for which attorney's fees are recoverable, he is not entitled to attorney's fees under section 38.001(8).

Section 38.001 does not automatically entitle a party to attorney's fees on a written contract claim unless the party succeeds on that claim.

Buys v. Buys · filed 1994-12-14

Alene Buys also argues that she is entitled to attorneys' fees pursuant to Tex. Civ.Prac. & Rem.Code § 38.001 which permits recovery of attorneys' fees in suits based upon written contracts. However Alene did not succeed on her claim for breach of contract. ... As Alene did not succeed on her claim of breach of contract, she is not automatically entitled to attorneys' fees.

Section 38.001 does not require a final judgment for attorney's fees when a case does not reach trial and the underlying claim is uncontested.

Southland Corp. v. Kilgore & Kilgore · filed 1994-05-03

Properly understood, a valid claim requires a final judgment where the case proceeds to trial, but does not require one where the case—as here—does not progress that far, and the underlying claim is uncontested.

Section 38.001(8) permits attorney's fees when a breach of contract is found and actual damages are awarded for a tort arising from that contract, even if no damages are awarded for the breach itself.

Cappel v. Publications & Communications, Inc. · filed 1995-08-16(8)

A party need not be awarded damages for a breach of contract in order to recover attorney's fees. Attorney's fees may be recovered if the trier of fact has found a breach of contract and has awarded actual damages for a tort claim arising out of that contract.

Section 38.001(8) allows attorney's fees for a breach of contract claim only when the claimant recovers on a valid claim.

Brooks v. Lawrence Five State Partnership · filed 1996-02-21(8)

A party is entitled to attorney's fees in a breach of contract case only if it recovers on a valid claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 1986); Sikes v. Zuloaga , 830 S.W.2d 752, 753 (Tex. App.--Austin 1992, no writ). We have held that Brooks is not entitled to damages on either of his claims. Because Brooks has not recovered on a valid claim, we hold that he is not entitled to an award of attorney's fees.

Section 38.001 does not allow attorney’s fees on a breach of contract claim when the claimant cannot prevail on that claim.

Frost National Bank v. Burge · filed 2000-11-09(8)

Because we have ... concluded that the Burges’ breach of contract suit against the Bank, if any, is barred by the Statute of Frauds, the Burg-es cannot prevail on that claim and they are therefore not entitled to an award of attorneys’ fees under Texas Civil Practice and Remedies Code § 38.001.

Section 38.001 requires a claimant to establish a right to recover on a contract claim before recovering attorney's fees for that claim.

Sara Muilman, Assignee v. Austin Paving Company · filed 1996-11-06

Because Muilman has not shown that she is entitled to recover on the contract, we overrule her point concerning attorney's fees.

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

Green International, Inc. v. Solis · filed 1997-10-02(8)

To recover attorney's fees under Section 38.001, a party must (1) prevail on a cause of action for which attorney's fees are recoverable, and (2) recover damages.

A recovery of actual damages on a contract claim supports an award of attorney's fees under section 38.001(8).

Gregory G. Hall and Scott Hall D/B/A Statesman Construction v. Robert Needham D/B/A Needham Construction · filed 1999-11-18(8)

By point of error four, the Halls complain that the trial court erred in awarding attorney's fees since Needham was not entitled to actual damages under the contract. (1) Because we have overruled the Halls' points challenging the award of actual damages, we overrule point of error four as well.

Section 38.001(8) permits attorney's fees on a successful contract claim; when the claimant cannot recover on that claim, the fee award must be reversed.

Hawkins v. Belize Development Corporation · filed 1996-07-17(8)

The trial court awarded Hawkins attorney's fees premised on his successful contract claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West Supp. 1996) (attorney's fees recoverable upon successful contract claim). ... Because we hold that Hawkins is not entitled to recover on his contract claim, we reverse the award of attorney's fees as well.

Section 38.001 does not entitle a defendant to attorney's fees merely for successfully defending a breach of contract claim.

Endotherm Chemicals, Inc./Hoechst Celanese Corporation v. Hoechst Celanese Corporation/Endotherm Chemicals, Inc. · filed 2000-05-11

Nor did Celanese's successful defense against Endotherm's breach of contract claim entitle Celanese to attorney's fees.

Section 38.001 requires a breach-of-contract claim to produce damages or penalties, directly or through a resulting tort, to support attorney's fees.

Texas Commerce Bank, National Association v. Harpster · filed 1996-07-31(8)

A breach of contract generating no penalties or damages either independently or through consequent torts is not a "valid claim" within the meaning of Texas Civil Practice and Remedies Code Annotated § 38.001.

Section 38.001 does not support an attorney's fee award when the judgment on the underlying contract claim is reversed.

Donahue v. BOWLES, TROY, DONAHUE, JOHNSON · filed 1997-05-28

Because we have determined that the trial court erred in granting summary judgment in favor of appellees on Donahue's breach of contract claims, however, any fee award based on section 38.001 must fail.

Section 38.001 allows attorney's fees in oral or written contract actions only for a prevailing party.

the Abney Group, Inc. v. Robert W. Robson and Master Graphics Finishing Co., Inc. · filed 1996-12-19

Because we have sustained Abney's second point of error, Robson is not a prevailing party and not entitled to attorney's fees under the section.

Section 38.001(8) permits attorney's fees on a contract claim only when the claimant prevails and recovers damages or something of value.

Kenneth Leventhal & Co. v. Reeves · filed 1998-08-27(8)

Therefore, because he did not recover monetary damages or something of value, Reeves is not entitled to attorney's fees under § 38.001.

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

Kona Technology Corp. v. Southern Pacific Transportation Co. · filed 2000-09-13(8)

Under Texas law, when a prevailing party in a breach of contract suit seeks attorneys' fees, an award of reasonable fees is mandatory under Tex. Civ. Prac. & Rem.Code Ann. § 38.001(8). ... The fact that Chevron may not have prevailed on all of its legal and factual claims does not act as a per se bar to attorneys' fees because Chevron prevailed and received damages on its contract claim. The district court did not find that Chevron's request was unreasonable. As such, the district court abused its discretion by denying Chevron's request for attorneys' fees.

Section 38.001 requires a party seeking attorney's fees to prevail on a claim for which fees are recoverable and recover damages.

Stone, Jack L. v. King, Thomas E. · filed 2000-11-30

To obtain an award of attorney's fees under section 38.001, a party must meet two requirements: (1) it must prevail on a cause of action for which attorney's fees are recoverable; and (2) it must recover damages. ... We hold Stone is not entitled to attorney's fees, and overrule his tenth issue.

Section 38.001 permits a party that prevails on a breach of contract claim to recover attorney's fees.

J. M. Lairsen, Jr./Stanley Slutzky, Trustee for the Longitudinal Trust v. Stanley Slutzky, Trustee for the Longitudinal · filed 2002-05-31

The Trust, in its third original petition, pleaded for recovery of its attorney's fees pursuant to section 38.001 of the Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001. Despite Lairsen's contention, the trial court found in the Trust's favor and ordered Lairsen to pay the Trust a portion of the deficiency. We find no abuse of discretion in the trial court's decision to award the Trust attorney's fees.

Section 38.001 requires a party to prevail on a qualifying cause of action and recover damages to obtain attorney's fees.

Great American Products v. Permabond International, a Division of National Starch and Chemical Company · filed 2002-10-10

To recover attorney's fees under Section 38.001 of the Texas Civil Practice and Remedies Code, a party must (1) prevail on a cause of action for which attorney's fees are recoverable, and (2) recover damages. ... Great American has neither prevailed on any cause of action for which attorney's fees are recoverable, nor has it recovered any damages.

Section 38.001 requires a party seeking attorney's fees to prevail on an eligible claim and recover damages.

Deutsch v. Hoover, Bax & Slovacek, L.L.P. · filed 2003-01-30

To recover attorney's fees under Chapter 38 of the Texas Civil Practice and Remedies Code, a party must (1) prevail on a claim for which attorney's fees are recoverable, and (2) recover damages. Green International, Inc. v. Solis, 951 S.W.2d 384, 390 (Tex.1997). Deutsch did neither.

Section 38.001(8) requires a party seeking attorney’s fees for a contract claim to prevail on the claim and recover damages.

Pala, Suresh v. Maxim · filed 2002-02-07(8)

In determining whether a party is entitled to recover attorney’s fees under section 38.001, we determine whether the party (1) prevailed on a cause of action for which attorney’s fees are recoverable, and (2) recovered damages.

Section 38.001 requires a party seeking attorney's fees to prevail on an eligible claim and recover damages.

the Ed Rachal Foundation and Paul D. Altheide, Individually v. Claude v. D'Unger · filed 2003-08-29

To recover attorney's fees under section 38.001 of the civil practice and remedies code, a party must both prevail on a claim for which attorney's fees are recoverable and recover damages.

Section 38.001(8) permits recovery of attorney's fees on a written or oral contract claim only when the claimant recovers for breach of contract.

Brosseau, William D. v. Ranzau, Dennis · filed 2002-06-06(8)

Ranzau's argument would have merit if he had recovered for breach of contract. He did not. The 1991 interlocutory judgment expressly finds liability only under the breach of fiduciary duty and declaratory judgment causes of action. There being no recovery for a breach of contract cause of action, Ranzau cannot recover attorney's fees under that theory.

Section 38.001(8) permits attorney fees for a breach of contract claim only when the claimant succeeds on that claim.

Empire Indemnity Insurance Company v. Domdom · filed 2003-08-21(8)

A party is only entitled to statutory attorney fees if he succeeds on his breach of contract claim. Mendleski v. Silvertooth , 798 S.W.2d 30, 32 (Tex. App-Corpus Christi 1990, no writ); see Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997). Thus, appellee is not entitled to attorney fees because, as discussed earlier, he is not entitled to summary judgment on his breach of contract claim.

Section 38.001 requires a party to recover damages on an eligible claim to recover attorney's fees.

Cameron v. William Bell D/B/A Jfk Home Moving · filed 2003-02-06

Thus, regardless of whether Cameron prevailed on any claim, because he was not awarded any damages, Cameron was not entitled to recover attorney's fees under section 38.001.

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

Capital Metropolitan Transportation Authority v. Central of Tennessee Railway · filed 2003-07-11(8)

Because we have held that Longhorn is not entitled to lost profits, it has recovered zero damages, precluding any award of attorney's fees.

Section 38.001 does not support an attorney's fee award for a party that has not shown it prevailed in the lawsuit.

Fraser, George & Beth v. George Williams D/B/A Baybrook Building Co.,Inc. · filed 2003-06-12

The Frasers have not shown how or why they were entitled to judgment as a matter of law and, therefore, have not shown that they prevailed in this lawsuit. Thus, we hold that the trial court did not err by declining to award attorney's fees to the Frasers.

Section 38.001(8) requires a party to prevail on its written contract suit to recover attorney's fees.

Roundville Partners, L.L.C. and Quintana Development Corporation v. Stephen M. Jones and Frankie Sue Jones · filed 2003-08-29(8)

However, in order to be entitled to attorney's fees, a party must prevail on its suit based on a written contract. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 1997). Because Roundville has not prevailed on any of its claims, it is not entitled to attorney's fees.

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

New York Life Insurance Company New York Life Insurance and Annuity Corporation and Michael Coffey v. Miller · filed 2003-07-24(8)

To recover attorney’s fees under this section a party must both prevail on the cause of action for which attorney’s fees are recoverable and recover damages. ... In light of our holding that New York Life did not breach its contract, we reverse the award of attorney’s fees to Miller.

Section 38.001 requires a party to recover damages on an eligible underlying claim before it can recover attorney's fees.

Gordon v. Fowler · filed 2003-07-17

Because we find no evidence that appellees recovered any damages for the underlying claim, appellees were not entitled to recover attorney's fees under section 38.001.

Section 38.001(8) allows attorney's fees on a contract claim only when the claimant proves it prevailed on that claim.

Narciso Flores and Bonnie Flores v. Fulton · filed 2004-07-01(8)

Because damages may have been granted to the Floreses based on a theory of equity or for costs incurred related to the restraining orders, we cannot determine from the record that the Floreses proved their breach-of-contract claim. Therefore, we cannot find that the court abused its discretion by declining to award attorney's fees under section 38.001.

Section 38.001 requires a party seeking attorney's fees to request them under the section and recover damages on a claim for which fees are available.

Continental Dredging, Inc. v. De-Kaizered, Inc. · filed 2003-09-26

Since De-Kaizered was not awarded damages under breach of contract, it failed to meet the prerequisites for an award of attorney's fees under Section 38.001.

Section 38.001 does not allow an award of attorney’s fees to a party that did not prevail.

Pioneer Natural Resources USA, Inc. v. W. L. Ranch · filed 2004-02-12

Because appellee is not the prevailing party, we set aside the trial court’s findings and award of attorney’s fees, interest and court costs, including costs of depositions to appellee. Tex. R. Civ. P . 131; see Tex. Civ. Prac. & Rem. Code Ann. § 38.001 (Vernon 1997).

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

McKinney v. Ferguson · filed 2004-06-24(8)

A prevailing party may recover reasonable attorney’s fees and costs in addition to the amount of an underlying contract claim. ... Because McKinney is not a prevailing party in his contract claim, he is not entitled to an award of attorney’s fees.

Section 38.001 requires a party to prevail on a claim eligible for attorney fees and recover damages; attorney fees alone do not count as damages.

Alma Group, L.L.C. v. Gamble J. Palmer and Jean T. Cravens · filed 2004-08-19

To recover attorney fees under section 38.001 of the civil practice and remedies code, a party must: (1) prevail on a cause of action for which attorney fees are recoverable; and (2) recover damages.

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

Brownlow v. United Services Automobile Association · filed 2005-03-17(8)

To recover attorney’s fees under section 38.001, a party must both prevail on a claim for which attorney’s fees are recoverable and recover damages.

Section 38.001 permits attorney’s fees for a party that prevails on a covered claim and recovers damages; when both parties receive judgment, the court looks to who prevailed on the main issue.

Taylor Electrical Services, Inc. and Armstrong Electrical Supply Company v. Armstrong Electrical Supply Company and Tayl · filed 2005-06-09

Therefore, we conclude and hold that Taylor was the prevailing party entitled to recover attorney’s fees under section 38.001 and that Armstrong was not.

Section 38.001(8) permits reasonable attorney’s fees in a breach of contract action when the party prevails and recovers damages.

Ingalls Shipbuilding v. Federal Insurance Co, et a · filed 2005-05-18(8)

To obtain an award of attorneys’ fees under the applicable Texas statute, a party must (1) prevail on a cause of action for which attorneys’ fees are recoverable, and (2) recover damages.63 Transocean prevailed and was awarded damages on its breach of duty to defend claim.

Section 38.001(8) does not allow recovery of attorney’s fees and costs when the breach-of-contract claim fails.

Malatt v. C & R Refrigeration · filed 2005-10-12(8)

Since we have upheld the trial court’s finding that Appellees satisfied their obligation under the agreement, it follows that Malatt is not entitled to recover attorney’s fees and costs pursuant to Section 38.001(8).

Section 38.001(8) does not allow attorney's fees on a contract claim when the claimant does not prevail on that claim.

Nu-Way Energy Corporation v. Delp · filed 2006-09-06(8)

Therefore, Nu-Way did not "breach" the bankruptcy plan by seeking to enforce its judgment against assets held in the IRA, and Delp is not entitled to attorney's fees under a breach-of-contract theory.

Section 38.001(8) permits recovery of attorney's fees on a contract claim only when the claimant prevails.

Haden v. David J. Sacks, P.C. · filed 2007-03-08(8)

Well-settled law requires that a party must prevail to recover attorney's fees pursuant to chapter 38. ... Our holding that the law firm was not entitled to prevail, because fact issues precluded summary judgment, compels the conclusion that the law firm did not prevail for purposes of chapter 38.

Section 38.001(8) permits attorney's fees on a contract claim when the claimant obtains valuable injunctive relief, even without monetary damages.

RenewData Corporation// Shawn Strickler v. Shawn Strickler// Cross-Appellee, RenewData Corporation · filed 2006-03-03(8)

A court's award of injunctive relief, even without recovery of monetary damages, justifies an award of attorney's fees because it is "something of value" that the party recovered for its contractual claim.

Section 38.001(8) does not allow attorney's fees for a party that defeats a breach of contract claim without recovering damages.

Tana Oil and Gas Corporation v. Richard G. Cernosek CER-MOR-LEB, a General Partnership And Garth C. Bates · filed 2006-03-10(8)

Furthermore, the supreme court has held that a prevailing party in a breach of contract action is not entitled to attorney's fees under section 38.001(8) of the civil practice and remedies code unless they recover damages. ... Without recovering damages, Tana is not entitled to attorney's fees under the civil practices and remedies code.

Section 38.001(8) makes an award of reasonable attorney's fees nondiscretionary for an oral or written contract claim.

James E. Cox James E. Cox D/B/A European Import Car Repair And European Import Car Repair, Inc. v. Doug Wilkins, CPA · filed 2006-03-31(8)

Because section 38.001(8) of the civil practices and remedies code specifies that a party "may recover reasonable attorney's fees . . . if the claim is for an oral or written contract," the award is not discretionary.

Section 38.001 requires an award of reasonable attorney’s fees when a plaintiff prevails on a breach of contract claim and recovers damages; the trial court determines the amount.

Crisalli v. ARX Holding Corp. · filed 2006-04-20(8)

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

Section 38.001(8) allows a court to set the amount of reasonable attorney’s fees on a qualifying contract claim, but not to deny a proper fee award altogether.

Bank of America, N.A. v. Hubler · filed 2006-12-06(8)

A court has “discretion to fix the amount of attorney’s fees, but it does not have the discretion to completely deny attorney’s fees if they are proper under section 38.001. ” World Help v. Leisure Lifestyles , 977 S.W.2d 662, 683 (Tex. App.—Fort Worth 1998, pet. denied). Because the evidence shows the reasonableness of Hubler’s attorney’s fees, the court abused its discretion by denying her attorney’s fees.

Section 38.001(8) requires an award of attorney's fees to a party that prevails on a breach-of-contract claim.

Volume Millwork, Inc v. West Houston Airport Corporation · filed 2006-12-14(8)

Here, recovery of attorney's fees is permitted by section 24.006 of the Property Code, section 38.001(8) of the Civil Practice and Remedies Code, and rule 752 of the Rules of Civil Procedure. ... Because landlord prevailed on its breach-of-contract claim, the trial court had a mandatory duty to award attorney's fees pursuant to chapter 38.

Section 38.001(8) allows attorney's fees on a contract claim only when the party prevails and recovers damages.

Southwest Grain Co. v. Martin N. Garza, Jr., Abel N. Gonzalez, Jr. and Aida Graciela Gonzalez · filed 2007-04-12(8)

The civil practices and remedies code allows a party to recover such fees if the party prevails on a cause of action for which attorney's fees are recoverable and recovers damages. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 1997); Green Int'l, Inc. v. Solis , 951 S.W.2d 384, 390 (Tex. 1997). However, a party who does not recover for breach of contract cannot recover attorney's fees under that theory.

Section 38.001 does not support an attorney’s fee award on summary judgment when unresolved damages prevent the claimant from prevailing on its contract claim.

Luke v. Unifund CCR Partners · filed 2007-08-31

Appellee did establish by admission that Appellant breached a contract and owed damages, but the fact questions presented with regard to the actual amount of damages preclude Appellee from prevailing on its claim on summary judgment and thus being entitled, at this time, to attorney’s fees.

Section 38.001(8) does not permit attorney’s fees when a claimant fails to prevail on a breach of contract claim and recovers no actual damages.

Marvin Harry Dace, Jr. v. Tommy Dace, Independent of the Estate of Marvin Harry Dace, Sr. · filed 2008-07-31(8)

Because he did not prevail on the breach of contract claim, and is therefore not entitled to an award of actual damages under that claim, Tommy is not entitled to recover attorney’s fees and prejudgment interest.

Section 38.001 requires a party to recover damages before it may recover attorney fees.

Robert Scherer and SCS Construction Management Inc. v. Dean Angell and Sally Angell · filed 2007-11-30

To recover attorney fees under this section the Angells were required to recover damages.

Section 38.001 requires recovery of damages before a party may recover attorney’s fees.

Richard McDaniel, Individually and D/B/A Richard McDaniel, Inc. D/B/A B.R. Roofing, A/K/A B & R Roofing v. Bennett · filed 2008-04-30

However, because the Bennetts were not entitled to recover actual damages they were also not entitled to recover attorney’s fees under the statutes plead.

Section 38.001(8) requires a party seeking attorney's fees for a contract claim to prevail on the claim and recover damages.

MRO Southwest, Inc. D/B/A Crossroads Mall of San Antonio, MRO Management, Inc. and Guadalupe Cultural Arts Center v. Tar · filed 2007-12-19(8)

In this case, Target did not recover damages; therefore, it could not recover attorneys' fees under section 38.001(8).

Section 38.001(8) does not allow attorney's fees for a breach of contract claim supported only by nominal damages.

MBM Financial Corporation N/K/A MBM Financial Interests, L.P. and Marimon Business Systems, Inc. v. the Woodlands Operat · filed 2008-04-10(8)

A recovery of nominal damages does not support the recovery of attorney's fees for breach of contract under section 38.001(8) of the Texas Civil Practice and Remedies Code.

A party that prevails on a contract claim and recovers damages may recover attorney's fees even without a net recovery.

Thomas v. Bobby D. Associates, an Ohio General Partnership · filed 2008-08-06(8)

Moreover, it was not necessary for Bobby D. Associates to obtain a net recovery in order to be entitled to attorney's fees. Bobby D. Associates prevailed in a cause of action for which attorney's fees are recoverable and it recovered damages.

Section 38.001(8) allows recovery of attorney's fees on a contract claim only if the claimant prevails.

Randall's Food and Drugs, L.P. v. Bill Patton D/B/A Linux Professional Group · filed 2008-08-21(8)

Under well-settled law, a party must prevail to recover attorney's fees pursuant to chapter 38. ... Randall's did not prevail and therefore may not recover attorney's fees.

Section 38.001 generally allows a plaintiff to recover attorney’s fees only if the plaintiff prevails, absent a contractual basis for fees.

Lugo v. Fidel Herrera, Mary Herrera and All Occupants · filed 2008-11-07

Nor was Lugo a prevailing plaintiff in the underlying trial. In the absence of a contractual agreement, Texas law generally allows only a prevailing plaintiff to recover attorney’s fees.

Section 38.001(8) allows attorney’s fees when a party prevails on a breach of contract claim and recovers damages, even if the party does not substantially prevail.

Penhollow Custom Homes, LLC and Steven J. Penhollow v. Cornelius Kim and Jong Kim · filed 2010-03-24(8)

The Kims are not required to “substantially” prevail on their breach of contract cause of action in order to recover attorney’s fees.

Section 38.001 does not allow attorney's fees on a contract claim unless the claimant recovers damages.

Northfield Insurance Company v. Nabors Corporate Services, Inc., F/K/A Pool Offshore Services · filed 2009-05-29(8)

Therefore, Abraxas did not recover any "damages," and is therefore not entitled to attorneys' fees under section 38.001.

Section 38.001(8) requires a party seeking attorney's fees in a written-contract suit to recover damages, even if the party prevails on the merits.

Gar Gil, L.L.C. v. Benson · filed 2009-06-25(8)

However, because Benson was not awarded any damages, we conclude that he is not entitled to reasonable attorney's fees under section 38.001 of the civil practice and remedies code.

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

Statewide Mobile Homes, L.L.C. and Mark Dizdar, Individually v. Tesoro Inc., a Texas Corporation D/B/A Aaa Custom & Elec · filed 2009-08-13(8)

Because the jury concluded that Tesoro was the prevailing party in this matter and the trial court awarded Tesoro damages, the trial court did not abuse its discretion in awarding Tesoro reasonable attorney's fees pursuant to section 38.001(8) of the civil practice and remedies code.

Section 38.001 permits attorney’s fees in a contract suit when the party prevails on the main issue.

Mustang Amusements, Inc. and Marsha McKie, Individually and as of the Estate of William J. McKie v. Sinclair · filed 2009-10-28

We find that Mustang is not the prevailing party on the main issue in this case, that being the award of specific performance, and therefore is not entitled to an award of attorney’s fees.

Section 38.001(8) allows attorneys’ fees in a breach of contract case only for a prevailing party.

Boss Hoss Cycles of Houston, LLC and David Cesshir v. Wells Fargo Bank, N.A. · filed 2010-01-26(8)

Further, the Texas Civil Practice and Remedies Code provides for the award of attorneys’ fees only to a prevailing party in a breach of contract case.

Section 38.001 does not support an attorney’s fee award on a collection claim nonsuited before final judgment.

George A. Young and Shirley A. Young v. Texas First Bank and Mynde S. Eisen · filed 2010-04-15

Nonetheless, even if the Bank had, that provision could not have supported the award because the Bank nonsuited its collection suit on the note before final judgment.

Section 38.001 allows attorney’s fees for a party that prevails on a breach of contract claim; a party that does not prevail is not entitled to fees.

MEMC Electronic Materials, Inc., and MEMC Pasadena, Inc. v. Albemarle Corporation, Lexington Insurance Company, and Trav · filed 2010-05-13(8)

Section 38.001 provides for attorney’s fees for a prevailing party in a breach of contract case. ... Because we conclude the trial court properly denied MEMC’s motion for summary judgment on its breach of contract claim, MEMC was not entitled to attorney’s fees.

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

Parker Drilling Company and Parker Drilling Company (Bolivia) S.A. v. Romfor Supply Company & Romfor West Africia LTD · filed 2010-06-08(8)

Additionally, an award of attorney’s fees in a breach of contract claim is appropriate only if a party prevails and recovers damages.

Section 38.001 requires a party to prevail on a covered claim and recover damages before it may receive attorney’s fees.

Crimson Exploration Inc., F/K/A/ Gulfwest Energy Inc. v. Intermarket Management LLC, M. Scott Manolis, and Kevin McMilla · filed 2010-11-10

We reverse the award of damages in the breach of indemnity contract claim ( i.e. , the attorney’s fees and costs [8] incurred in defense of the PCA lawsuit), and, accordingly, the award of attorney’s fees in this suit. See State Farm Life Ins. Co. v. Beaston , 907 S.W.2d 430, 437 (Tex. 1995) (requiring that party both prevail on cause of action for which attorney’s fees are recoverable and recover damages before attorney’s fees may be awarded under section 38.001).

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

The Hartford v. Lyndon-DFS Warranty Services · filed 2010-05-28(8)

Here, having determined above that appellants did not prevail and will receive no recovery, they are not entitled to attorney’s fees under section 38.001.

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

Domingo v. Skidmore · filed 2011-08-31(8)

Without prevailing on the contract claim, Domingo was not entitled to recover attorney's fees under section 38.001 of the Code regardless of whether uncontradicted evidence of those fees was presented.

Section 38.001 requires a party seeking attorney’s fees for a breach of contract claim to prevail on the claim and recover damages.

Equity Bank, SSB v. Ed N. Decker, Individually, and as Trustee of the Decker Family Trust · filed 2012-08-16

Even if the judgment could be construed to find that Equity breached a contract, no recovery for attorney‟s fees would be allowed here. “To recover under Section 38.001, a party must be a prevailing party and be awarded damages.”

Section 38.001(8) requires a claimant to prevail on a breach-of-contract claim and recover damages to obtain attorney’s fees.

Westminster Falcon/Trinity L.L.P. v. Chong Shin · filed 2012-10-23(8)

Further, because the trial court erred in its damages determination, Shin is no longer entitled to attorney’s fees.

Section 38.001(8) permits attorney’s fees for a successful breach of contract claim only when the claimant also recovers damages; litigation fees do not themselves satisfy that requirement.

Berg v. Wilson · filed 2011-11-02(8)

The requirement of damages is implied from the statute’s language, “in addition to the amount of a valid claim,” the claimant must recover some amount on that claim.

Section 38.001(8) requires a party to recover damages on a contract claim before it can recover attorney's fees.

Mickey v. Elliott v. Rockwood Village Partners, Ltd. · filed 2012-12-12(8)

Because Rockwood did not recover damages pursuant to its breach-of-contract claim, an award of attorneys' fees was not available under section 38.001(8).

Section 38.001 allows reasonable attorney’s fees on a breach-of-contract claim when the claimant recovers some damages.

Seasha Pools, Inc.// Robert Hardister v. Robert Hardister// Cross-Appellee, Seasha Pools, Inc. · filed 2012-12-28

Seasha Pools asserts, and Hardister concedes, that if Hardister fails to recover damages he may not recover attorney’s fees. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001; MBM Fin. Corp. v. Woodlands Operating Co., 292 S.W.3d 660, 666 (Tex. 2009) (noting that section 38.001 impliedly requires party to recover “some amount on [the] claim” in order to recover attorney’s fees). However, given that we have remanded this case for a determination of damages, ... Hardister will be entitled to recover reasonable attorney’s fees based on his breach-of-contract claim.