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

Section 38.001 requires an award of reasonable attorney’s fees when a claimant prevails on a valid contract claim and satisfies the statutory prerequisites; the court may set the amount but cannot deny fees entirely.

Hoeffner, Bilek & Eidman, L.L.P. v. Jerry Guerra and Patrick Beam · filed 2004-05-27(8)

A trial court has the discretion to set 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.

Section 38.001(7) permits recovery of reasonable attorney's fees in suits on a sworn account; evidence addressing relevant fee factors can support the amount awarded.

Samuel G. Santos, Sr. v. Texas Enterprises, Inc. D/B/A Golden West Oil Company · filed 2010-10-15(7)

Section 38.001 of the Texas Civil Practice and Remedies Code provides that a person may recover reasonable attorney's fees in suits on a sworn account. ... As a result, we hold that the evidence presented at the hearing was sufficient to support the amount of attorney's fees awarded to Golden West.

Section 38.001(8) allows recovery of reasonable attorney fees on a written-contract claim, but a contingent-fee agreement alone does not support the amount awarded.

WYTHE II CORP. v. Stone · filed 2011-05-05(8)

By itself, however, the contingent-fee agreement does not provide a sufficient evidentiary basis for the jury’s award.

A party seeking attorney fees under Section 38.001 must prove that the fees are reasonable and necessary.

Ware v. United Fire Lloyds · filed 2013-05-09

Whether or not the excessive demand doctrine applies, the attorney fees awarded must be reasonable and necessary. A party seeking to recover attorney fees carries the burden of proof.

Uncontroverted evidence of reasonable and necessary attorneys’ fees can support an award under Section 38.001 on summary judgment.

Woodhaven Partners, LTD v. Shamoun & Norman, LLP F/K/A Shoumoun Klatsky Norman · filed 2014-01-30

Because appellants failed to raise an issue of fact regarding appellee’s section 38.001 attorneys’ fees, the trial court did not err by awarding the attorneys’ fees sought by appellee.

Section 38.001(8) allows reasonable and necessary attorney's fees for a contract claim; a claimant using the lodestar method must provide evidence of time spent on specific tasks to support the amount.

Long v. Griffin · filed 2014-04-25(8)

The Griffins' assignment issue included a claim for breach of an agreement, for which reasonable and necessary attorney's fees are recoverable under Texas Civil Practice and Remedies Code Chapter 38, subject to additional limitations. Tex. Civ. Prac. & Rem. Code § 38.001 (8). ... In sum, under the lodestar method, no legally sufficient evidence supports the amount of attorney's fees the trial court awarded because no evidence indicates the time expended on the specific tasks for which attorney's fees may be recovered.

Section 38.001 permits reasonable attorney’s fees in a breach of contract case, and testimony about the work, hours, rate, and reasonableness can support an award without time sheets.

Myers v. Southwest Bank · filed 2014-12-11

Southwest was entitled to recover a “reasonable” fee under civil practice and remedies code section 38.001. ... Taplett’s affidavit did not attach time sheets. ... This testimony was sufficient to support the trial court’s award.

Section 38.001 does not require a claimant to segregate fees spent litigating an issue necessary to a successful warranty claim.

Structural Metals, Inc. v. S&C Electric Company · filed 2014-10-06(8)

Since that finding stands, we hold that the district court did not abuse its discretion in ruling that Structural Metals did not have to segregate fees relating to the cause of the December 2006 fire.

A person seeking attorney’s fees under section 38.001 bears the burden of showing that the requested fees are reasonable.

Smith v. Pena · filed 2015-06-29

Smith does not explain, however, how he met his burden of showing that the fees he requested were reasonable.

Section 38.001(8) authorizes attorney fees for contract claims, limited here to fees attributable to the breach-of-contract claim.

Daisy Wanda Garcia v. Baumgarten · filed 2015-07-30(8)

The only claim asserted by Baumgarten for which attorney fees are recoverable is his claim for breach of the parties’ settlement agreement. See Tex. Civ. Prac. & Rem. Code § 38.001(8) (authorizing attorney fees in contract claims).

A claimant seeking attorney’s fees under Section 38.001 through the lodestar method must provide evidence of time spent on specific tasks so the court can determine a reasonable fee.

Helms v. Swansen · filed 2016-04-29

Accordingly, Swansen was required to introduce sufficient evidence to allow the trial court to apply the lodestar method. ... Without any evidence of time spent on specific tasks, the trial court had insufficient information to meaningfully review the fee request.

When a claimant uses the Lodestar method to seek fees under section 38.001, the evidence must allow meaningful review of the calculation; insufficient evidence requires reversal and remand for a redetermination of fees.

UMC Physician Network Services v. Leins · filed 2016-05-02(8)

Therefore, in a case such as this, where a party seeks to establish the reasonableness of a request for attorney’s fees under the Lodestar method, and the evidence is factually insufficient to support the amount of attorney’s fees awarded because the evidence presented does not provide sufficient information for a meaningful review of the Lodestar calculation, an appellate court is required to reverse the judgment as to the issue of attorney’s fees and remand the matter to the trial court for a redetermination of those fees consistent with the opinion of the court. Accordingly, issue four is sustained.

Section 38.001(8) requires a claimant to segregate fees for a recoverable contract claim from fees for other claims, except for work that also advanced the contract claim.

Pirani v. Baharia (In Re Pirani) · filed 2016-05-27(8)

The bankruptcy court on remand should take additional testimony with respect to what percentage of the attorney’s fees were attributable to the breach-of-contract claim on which Gilani, Baharia, and Lalani prevailed, or were for work that, while focused on a claim for which fees are not recoverable, also “advanced” the breach-of-contract claim. Id. at 313.

Section 38.001(8) permits reasonable attorney’s fees on a contract claim, but a lodestar fee request requires specific evidence of the work performed, who performed it, when it was done, and the hours and rates charged.

Brant Oilfield Management & Sales, Inc. v. Mountwest, Inc. · filed 2016-06-30(8)

The proof should include the nature of the work, who performed the services and his rate, approximately when the services were performed, and the number of hours worked. ... The El Apple standard applies to chapter 38 cases. ... Therefore, because no legally sufficient evidence supports the amount of attorney’s fees the trial court awarded, we sustain Brant’s challenge, and we reverse and remand for a redetermination of fees.

Section 38.001(8) permits a party prevailing on a breach of contract claim to recover reasonable attorney’s fees if the fees are properly proven.

Universal MRI and Diagnostics Inc. v. Medical Lien Management Inc. D/B/A Bridgewell · filed 2016-08-09(8)

A party prevailing on a claim for breach of contract may recover reasonable attorney’s fees, provided the fees are properly proven. ... Because the affidavit fails to establish conclusively the amount of MLM’s reasonable and necessary attorneys’ fees, we reverse the portions of the trial court’s judgment awarding MLM attorneys’ fees and remand for further proceedings regarding fees.

Section 38.001(8) allows reasonable attorney’s fees on a successful contract claim; the award need not be reduced in proportion to the damages recovered.

Plains Cotton Cooperative Assn v. Gray · filed 2016-12-05(8)

Although our case law permits a court to reduce a fee award to reflect a party’s recovery in proportion to the damages it initially claimed, it does not require a reduction as Gray contends.

Section 38.001(8) authorizes attorney fees for breach of contract, including appellate fees when trial fees are mandatory and reasonable appellate fees are proved.

CMR Construction & Roofing of Austin, Inc. v. Elliott · filed 2019-05-29(8)

That said, statutorily authorized attorney fees are available for breach of contract. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8). ... “If trial attorney’s fees are mandatory under section 38.001, then appellate attorney’s fees are also mandatory when proof of reasonable fees is presented.”

Section 38.001 requires an award of attorney’s fees to a successful contract claimant who presents evidence supporting the fees.

Permian Power Tong, Inc. v. Diamondback E&P, LLC · filed 2017-05-31(8)

Under section 38.001, the trial court has no discretion to deny attorney’s fees when presented with evidence of the same.

A denial of attorneys’ fees under § 38.001(8) may be affirmed when the trial court did not abuse its discretion.

Liberty Mutual Fire Insurance Co. v. Ace American Insurance Co. · filed 2017-08-04(8)

We are further convinced that the district court did not err in denying Liberty’s additional request for joint and several liability as to ACE and did not abuse its discretion in denying attorneys’ fees pursuant to Tex. Civ. Prac. & Rem. Code § 38.001(8).

Section 38.001 entitles a prevailing breach of contract claimant who proves reasonable fees to an award that includes fees for defending an unsuccessful appeal.

Exxonmobil Corp. v. Electrical Reliability Services, Inc. · filed 2017-08-22

Under Texas law, the trial court has discretion to determine the amount of the award, but an award of reasonable fees is mandatory if a party prevails in a breach of contract case, such as the instant case, and there is proof of reasonable fees. See id. at 433 & n.7 (citing TEX. CIV. PRAC. & REM. CODE § 38.001). ... In the particular circumstances of the instant case, we conclude that Exxon is entitled to attorney’s fees for the initial appeal.

Section 38.001 allows reasonable attorney’s fees for a breach-of-contract claim, and a general limit on incidental damages does not waive that right.

Ferrari v. BlueCross BlueShield of Texas, e · filed 2018-11-07

The broad waiver in the IPA at issue here is not sufficiently pointed to effectuate a waiver of Ferrari’s rights under Section 38.001. The incidental damages limitation is inadequate to inform the contracting parties that the contract bars statutory attorneys’ fees and, therefore, cannot constitute a knowing waiver.

Section 38.001 authorizes attorney’s fees for a prevailing breach of contract claimant; fees sought only for prosecuting that claim need not be segregated from separate defense fees that were not sought.

Zeba Kamal and Syed Kamal Uddin Ahmed v. Mark A. Castillo and Curtis Castillo PC · filed 2018-12-13

Because CCPC did not attempt to recover the fees it paid to Cobb Martinez to defend the Kamals’ legal malpractice suit and only recovered fees incurred to prosecute its breach of contract counterclaim, we conclude CCPC had no responsibility to segregate its fees. ... Rather, it recovered fees for prevailing in its breach of contract action, which is authorized pursuant to section 38.001 of the civil practice and remedies code.

Section 38.001(8) permits a prevailing party on a breach of contract claim to recover reasonable attorney’s fees; the attorney’s testimony about the amount is not conclusive.

Betancourt v. Ohmer · filed 2019-01-17(8)

A prevailing party on a breach of contract claim may recover reasonable attorney’s fees. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2015). ... While an attorney’s testimony is some evidence of a reasonable fee, it is not conclusive.

Section 38.001 requires an award of appellate attorney’s fees on a qualifying contract claim when those fees are properly proved.

C & C Road Construction, Inc./SAAB Site Contractors, L.P. v. SAAB Site Contractors, L.P./C & C Road Construction, Inc. · filed 2019-03-29(8)

If trial attorney’s fees are mandatory under Section 38.001, then appellate attorney’s fees are likewise mandatory if they are properly proved.

Section 38.001(8) permits attorney’s fees for breach-of-contract claims; fees attributable solely to unrecoverable claims must be segregated.

Getty v. Perryman · filed 2019-04-23(8)

There is no dispute that Perryman cannot recover attorney’s fees for any claim aside from his breach-of-contract claims. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8). As a result, Perryman generally was required to segregate fees incurred in connection with his tort claims against GW Global, William, and Getty and against the Florida defendants against whom he recovered a default judgment, and in defense of GW Global’s and Abercia’s counterclaims.

Section 38.001 does not require attorney’s fees to have been incurred, but the requested fees must be reasonable and necessary.

Rohrmoos Venture, Eric Langford, Dan Basso, and Tobin Grove v. Utsw DVA Healthcare, Llp · filed 2019-04-26

But when statutes do not contain an explicit requirement that fees be “incurred,” e.g., TEX. CIV. PRAC. & REM. CODE § 38.001, we do not imply such a term; rather, we evaluate whether legally sufficient evidence supports that the amount of attorney’s fees awarded is reasonable and necessary for the legal representation, so that an award of such fees will compensate the prevailing party generally for its losses resulting from the litigation process.

Section 38.001 allows consideration of appellate attorney’s fees for a party that prevails and successfully defends its judgment on appeal.

9503 Middlex, Incorporated v. Continental M · filed 2020-11-02

The plaintiffs are entitled to consideration of appellate attorneys’ fees if they are the prevailing parties and successfully defend their judgment. ... Continental has prevailed on the main issue on appeal as we view the mix, which is that it was not a holdover tenant. As a result, even if the plaintiffs are the prevailing parties below, they likely have not prevailed in this court.

Section 38.001(8) permits recovery of fees for jurisdictional remand litigation that is part of a successful breach-of-contract action.

MidCap Media Fin v. Pathway Data · filed 2021-04-20(8)

The remand litigation, although focused entirely on the question of diversity jurisdiction, was part of MidCap’s successful breach-of-contract litigation and thus within the scope of § 38.001(8) and the Agreement’s fees provision.

Section 38.001 allows recovery of reasonable and necessary attorney’s fees for a breach of contract claim without proof that the fees were actually incurred.

J. Michael Ferguson, P.C., J. Michael Ferguson, Anson Financial, Inc. and MBH Real Estate, LLC v. Ghrist Law Firm, PLLC, · filed 2021-05-20

Section 38.001 of the Texas Civil Practice and Remedies Code, the statute that authorizes the recovery of attorney’s fees for a breach of contract claim, does not require proof that fees were actually incurred.

Section 38.001(8) permits a party that prevails on a breach of contract claim and recovers damages to recover reasonable attorney’s fees supported by legally sufficient evidence.

Ralls v. Funk · filed 2019-10-31(8)

A party may recover reasonable attorney’s fees in a breach of contract case if the party claiming the fees prevails on its breach of contract claim and recovers damages. ... We conclude that Funk’s expert presented legally sufficient evidence to support the trial court’s award of attorney’s fees.

Section 38.001 requires an attorney fee affidavit to identify the services rendered, hourly rates, and itemized hours with dates and brief descriptions of the work.

Roadrunner Transportation Services, Inc. v. Bob White Express, Inc. · filed 2020-07-21

An affidavit pursuant to § 38.001 must identify the services rendered, state the hourly rates of the personnel assigned to the matter, and itemize the hours expended, including the date of each charge and a brief description of the work performed.

Section 38.001(8) permits a prevailing party on a breach of contract claim to recover reasonable attorney’s fees, but the claimant must prove the amount sought.

Cintas-R.U.S., L.P. v. Dave's Tubing Testing and Hot Oil Service, Inc. · filed 2021-06-10(8)

A prevailing party may recover reasonable attorney’s fees for a breach of contract claim. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2015). ... Cintas did not establish the amount of its recoverable attorney’s fees as a matter of law. Thus, the trial court did not abuse its discretion by failing to award all of the attorney’s fees that Cintas sought.

Section 38.001(8) permits recovery of attorney’s fees for breach of contract claims, but fees for unrelated claims must be segregated unless the same legal services advanced both.

Richard Wylie, Jr. KSW CPA, P.C. HMSW CPA, P.L.L.C. And Cheree Bishop v. Simmons · filed 2020-12-31(8)

Here, Simmons sued the Wylie parties for fraudulent transfer and Wylie and KSW for breach of the promissory notes and the Purchase Agreement, claims for which attorney’s fees are recoverable. See Tex. Bus. & Com. Code Ann. § 24.013; Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8). ... Because Simmons offered no evidence to show that these efforts were intertwined, he did not carry his burden to show that segregation was impossible, and we must reverse the trial court’s attorney’s-fee award and remand the case for a new trial on attorney’s fees.

Section 38.001 permits recovery of fees for work on counterclaims and defenses intertwined with a successful contract claim.

Mente Group LLC v. Arnell Enterprises, Inc · filed 2022-09-22

Because the issues were intertwined, Mente was not required to exclude work on these matters from its fee request.

A party seeking attorney’s fees for a breach of contract must provide evidence sufficient to establish the reasonable amount of the fees, including a reasonable hourly rate and the time needed for the work.

Largent v. Cassius Classic Cars & Exotics, LLC · filed 2023-02-23(b)(8)

While it stated a list of general tasks performed by Maness in this matter and opined that $45,000 was a reasonable fee for the services, it did not state a reasonable hourly rate or an assessment of the reasonable amount of time needed to perform these services.

Section 38.001(8) permits recovery of reasonable attorney’s fees for a breach-of-contract claim when the claimant proves the fees are reasonable and necessary.

DeBoer v. Attebury Grain, LLC · filed 2024-01-25(8)

A prevailing party may recover reasonable attorney’s fees for a breach-of- contract claim. See TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West Supp. 2023). ... We conclude that the record does not contain sufficient evidence to establish a base lodestar calculation. Therefore, the trial court abused its discretion when it awarded $31,964.75 in attorney’s fees.

Section 38.001 allows attorney’s fees for a valid specific performance claim, but evidence of litigation costs alone does not prove attorney’s fees.

Meshki, Inc. v. Bilal · filed 2024-05-24

Courts have recognized that a “valid claim” under section 38.001 of the Texas Civil Practice and Remedies Code is not limited to a claim for monetary damages, but also encompasses specific performance of the agreement. ... But “costs” are not “attorney’s fees.” ... This testimony establishes costs, not attorney’s fees.

Section 38.001(b)(8) allows a successful breach of contract claimant to recover attorneys’ fees after excluding fees incurred solely on unsuccessful claims.

Occidental Petroleum Corporation v. Wells Fargo Bank, N.A. · filed 2023-08-31(b)(8)

The Texas Civil Practice and Remedies Code allows for the recovery of attorneys’ fees for a litigant who succeeds on a breach of contract claim. ... Oxy did segregate the fees it incurred in working solely on its unsuccessful claims for breach of fiduciary duty and indemnification. These fees Oxy excluded from its award request. ... The segregation requirement was met.

Under section 38.001(b), a jury may decide whether requested attorney’s fees are reasonable when a party properly requests a jury trial.

Simons v. Medical Hyperbarics, Inc. · filed 2024-03-15(b)

Similarly, because section 38.001(b) does not dictate the manner to determine the amount of attorneys’ fees, providing only that the award must be “reasonable,” reasonableness remains a fact issue that a jury, upon proper request, may resolve.

Section 38.001 permits attorney fees for a prevailing breach-of-contract claimant unless the parties clearly and specifically waive that right, and recoverable fees must be segregated from fees for other claims unless the claims are intertwined.

J.A. Masters v. Beltramini · filed 2025-01-03

The “clear and specific” standard is thus a demanding one, and Article 14 of the Business Sale Agreement—with its broad mention of “expenses and costs”—does not meet it. Because Beltramini is statutorily entitled to his attorney fees for his breach-of-contract claim, notwithstanding Article 14 of the Business Sale Agreement, Texas law requires him to segregate his fees.

Section 38.001(b)(8) permits reasonable attorney’s fees for a valid contract claim, but the claimant must support the reasonableness and necessity of the requested fees.

Oyo Hotels Inc v. Mahesh Enterprises LLC · filed 2025-07-10(b)(8)

“A person may recover reasonable attorney’s fees from an individual or organization . . . , 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 § 38.001(b)(8). ... However, the Court finds that OYO has not adequately briefed the Court on why its “requested fees are both reasonable and necessary.” Rohrmoos Venture v. UTSW DVA Healthcare, LLP, 578 S.W.3d 469, 489 (Tex. 2019). ... Here, OYO fails to describe the particular services performed and when the services were performed. See Doc. 41-5, Affidavit, 4–5. Accordingly, the Court ORDERS OYO to submit supplemental briefing on attorney’s fees within 21 days from the date of this Order.

Section 38.001 permits recovery of attorney’s fees on a breach of contract claim, but the evidence must support the amount awarded.

In Re Estate of Robert S. Castleman v. . · filed 2025-12-23(b)(8)

Under section 38.001 of the Texas Civil Practice and Remedies Code, a person may recover attorney’s fees in conjunction with a claim for services rendered, labor performed, or breach of contract. ... We therefore conclude that the evidence, while sufficient to support a finding of some amount of attorneys’ fees, was legally insufficient to support the entire $100,000 amount awarded by the jury.

Section 38.001 permits attorney’s fees for breach of contract; when a case includes claims for which fees are unavailable, shared legal services must be evaluated under the fee-segregation rule.

Navigant Consulting v. Wilkinson · filed 2007-12-17

Texas law allows the recovery of attorney’s fees for only one of those causes of action, breach of contract. ... Remand is therefore appropriate for consideration of the award of fees under the new standard established in Chapa.

Condominium bylaws that require an association to repair common areas and prohibit owners from doing so can constitute a contract for purposes of § 38.001.

Zendejas v. Towers of Town Lake Condominiums Council of Co-Owners, Inc. and Camellia Belcher · filed 1995-11-01

Because we find offer, acceptance, and consideration, we hold that the provisions in the condominium bylaws prohibiting the unit owner from repairing the common areas and requiring the Council to do so constitute a contract for purposes of Texas Civil Practice & Remedies Code section 38.001.

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

Wheelbarger v. The Landing Council of Co-Owners · filed 2015-07-30(8)

We hold that the trial court did not err by refusing to submit the Council’s requested question and instructions on excuse, and the jury’s findings that the Council breached the bylaws and declaration support the award of attorney’s fees. TEX. CIV. PRAC. & REM. CODE § 38.001(8).

Section 38.001 does not apply to an action before the Railroad Commission that was not brought under that section.

Lesikar v. Rappeport · filed 2000-12-06

However, Jenny’s action before the Railroad Commission was not brought under Section 38.001; therefore, Jenny cannot benefit from any presumption that statute allows.

Section 38.001(8) permits attorney’s fees for recovery on a cashier’s check because Texas law treats the check as a written contract.

State Bank & Trust v. First State Bank · filed 2000-12-20(8)

Because a cashier’s check is a “contract” under Texas law, we hold that State Bank could properly have been allowed attorneys’ fees for its recovery of the value of the cashier’s check under § 38.001(8).

Section 38.001 allows attorney’s fees on a contract claim, but an excessive demand can bar recovery.

Wayne, James v. A.V.A. Vending, Inc. · filed 2001-07-12(8)

However, courts have limited the award of attorney's fees by applying the excessive demand doctrine to section 38.001, even though that section does not expressly address excessive demands. ... Accordingly, because we have held attorney's fees are barred by the excessive demand doctrine in this case, we also hold that an award of pre-judgment interest is barred.

An excessive demand does not bar attorney’s fees under section 38.001 unless the claimant refuses a tender of the amount actually due or clearly indicates that such a tender would be refused.

Hernandez v. Lautensack · filed 2006-04-13

In Findlay v. Cave , the supreme court held that a creditor who makes an excessive demand on a debtor is not entitled to attorney’s fees under Tex. Rev. Civ. Stats. Ann. art. 2226 (now chapter 38 of the civil practice and remedies code) for subsequent litigation required to recover the debt. ... Application of this rule is limited to situations where the creditor refuses a tender of the amount actually due or indicates clearly to the debtor that such a tender would be refused. ... We hold, therefore, that there was legally insufficient evidence to support the jury’s finding that Lautensack’s demand was excessive and that the trial court did not err by disregarding that finding and awarding attorney’s fees to Lautensack.

Section 38.001(8) allows reasonable attorney's fees on a contract claim, but an unreasonable or bad-faith excessive demand bars fees incurred in litigation after the demand.

Mossler v. Nouri · filed 2010-05-27(8)

However, when a claimant makes an "excessive" demand and would not accept a lesser amount, the claimant is not entitled to attorney's fees expended in litigation thereafter. ... We conclude that this evidence supports a finding that the demand was unreasonable or in bad faith so as to be "excessive." ... Consequently, the district court did not err in refusing to award Mossler attorney's fees.

Section 38.001(8) allows a prevailing party in a breach of contract suit to recover attorney’s fees, but an unreasonable or bad-faith excessive demand can defeat that right.

Triton 88, L.P. F/K/A Triton 88, L.L.C and Triton 2000, L.L.C. v. Star Electricity , L.L.C. D/B/A Startex Power · filed 2013-08-13(8)

Triton has failed to establish that this exception to StarTex’s statutory right to attorney’s fees is met.

Section 38.001(8) allows attorney’s fees for a valid contract claim, but an excessive demand can bar recovery when the creditor indicates it will not accept the amount actually due.

Wallace Roofing, Inc. and Royce Dean Wallace v. Benson · filed 2013-11-27(8)

As a general rule, “a creditor who makes excessive demand upon a debtor is not entitled to attorneys’ fees for subsequent litigation required to recover the debt.” ... Given that Wallace Roofing admitted at trial that it made an excessive demand for payment and its actions indicated an unwillingness to accept the actual amount due on the account, we cannot conclude the trial court abused its discretion in denying attorneys’ fees.

An excessive demand bars attorney’s fees under § 38.001(8) only when the claimant acted unreasonably or in bad faith; a demand is not excessive merely because it exceeds the eventual award.

Aircraft Holding Solutions LLC v. Learjet Inc · filed 2023-08-17(8)

The court finds that CH300’s demand was not unreasonable, and BAS neither argues nor demonstrates that the demand was made in bad faith. Accordingly, the court holds that CH300 did not make a “clearly excessive” demand that would bar it from recovering attorney’s fees under Texas law.

Section 38.001 allows a successful claimant under a statutory motor vehicle dealer bond to recover attorney's fees from the surety.

Gramercy Insurance Company/Arcadia Financial Ltd. v. Arcadia Financial Ltd./Gramercy Insurance Company · filed 2001-08-30

We find no meaningful distinction between a bond mandated by the McGregor Act and a bond mandated by the transportation code. (6) We sustain Arcadia's issue and hold that the county court at law erred in refusing to award Arcadia attorney's fees for its successful action against Gramercy.

Section 38.001 requires proof that attorney's fees are reasonable; an unsupported assertion that one-third of the amount owed is reasonable does not establish that proof.

Mercier v. Southwestern Bell Yellow Pages, Inc. · filed 2006-12-21

The awarding of fees under section 38.001 is mandatory if there is proof of the reasonableness of the fees. ... We conclude Stevens' contentions that Southwestern Bell agreed to pay reasonable attorney's fees and that 1/3 or $91,589.09 would be reasonable, without evidence of the other factors in rule 1.04, most importantly, without evidence that the fee is reasonable for purposes of shifting the fee to Mercier, does not prove that the fee was reasonable for purposes of a recovery of attorney's fees from Mercier.

Section 38.001 requires proof that attorney's fees are reasonable before they may be awarded.

Mercier v. Southwestern Bell Yellow Pages, Inc. · filed 2007-01-25

The awarding of fees under section 38.001 is mandatory if there is proof of the reasonableness of the fees.

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

Haywood v. Hudson & Keyse, L.L.C., Assignee of Wells Fargo National Bank · filed 2007-04-20

To recover 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." ... Because Hudson & Keyse pled the right to recover no damages, they pled themselves out of the right to recover attorney's fees on those damages.

Section 38.001 allows recovery of reasonable attorney's fees in addition to a valid sworn-account claim.

Cynthia and Jose C. Cespedes, Individually and D/B/A a Blooming Affair v. American Express-Ca · filed 2007-05-10

Based on the above, appellee has established its entitlement to the award of attorney's fees in the amount of $8,347.42.

Section 38.001 permits attorney’s fees only when the plaintiff states a qualifying claim against the defendant.

Quality Hardwoods, Inc., Timothy Mills and Diane J. Mills v. Midwest Hardwood Corporation · filed 2007-06-28

Because Midwest’s petition does not state a cause of action against Diane Mills for which section 38.001 permits the recovery of attorney’s fees, Diane Mills is not responsible for attorney’s fees.

Section 38.001 does not authorize attorney’s fees against a probate bond surety when the successor administrator has no contract with the surety or its principal.

Colonial American Casualty and Surety Company v. Nancy Scherer, Successor Administrator of the Estate of Kimberly Lynn L · filed 2007-01-19

While Lambert may be liable for attorney’s fees as provided in section 245, he cannot be liable for attorney’s fees under section 38.001 because there is no contract between Scherer and Lambert upon which attorney’s fees may be predicated.

Section 38.001(8) does not permit attorney's fees when the claimant lacks standing to bring its contract claim.

OAIC Commercial Assets v. STONEGATE VILLAGE · filed 2007-10-17(8)

However, because we concluded above that OAIC lacks standing to bring its claims for breach of contract and declaratory relief, OAIC is not entitled to attorney's fees under either chapter 38 or the Uniform Declaratory Judgments Act. See TEX. CIV. PRAC. & REM.CODE ANN. § 38.001(8); TEX. CIV. PRAC. & REM.CODE ANN. § 37.009.

Section 38.001 does not allow attorney's fees for breach of contract when the party recovered no damages.

Curlett Family Ltd. Partnership v. Particle Drilling Technologies, Inc. · filed 2007-11-09

PDTI would not be entitled to attorneys' fees under TEX. CIV. PRAC. & REM. CODE § 38.001 because it did not recover damages for breach of contract.

Section 38.001 permits a prevailing party in a breach of contract action to recover reasonable attorney’s fees incurred prosecuting an indemnity claim.

E. I. Du Pont De Nemours and Company v. Shell Oil Company · filed 2007-11-15

We further hold that Du Pont has conclusively established that it is entitled to recover its fees and costs for prosecution of its indemnity claim in the amount of $242,620.90.

Attorney’s fees must be reasonable to be recoverable under Section 38.001.

Judith Cunningham AND R. Kim Williams and Pamela Williams v. R. Kim Williams and Pamela Williams AND Judith Cunningham · filed 2007-12-20

To be recoverable, attorney’s fees must be reasonable.

Section 38.001 allows attorney's fees only when a party prevails on a covered cause of action and recovers damages.

Keystone Architects, A. J. Garza, and Suzette M. Soucie v. Lanai Development, L.L.C., Gene Allen and Judy Allen · filed 2008-02-28

With respect to section 38.001 of the civil practice and remedies code, Lanai has not prevailed on any causes of action on appeal and has failed to establish damages; therefore it would not be entitled to attorney's fees.

Section 38.001 requires an award of attorney’s fees when a party recovers on a valid contract claim and proves the fees reasonable; the trial court may set the amount but may not deny fees altogether.

Graybar Electric Co. v. Lem & Associates, L.L.C. · filed 2008-05-22

While a trial court has the discretion to set the amount of attorney’s fees, it does not have the discretion to deny fees altogether if they are proper under section 38.001.

Section 38.001(8) permits recovery of attorney’s fees for a contract claim, but fees incurred correcting alleged usury violations must be segregated from recoverable contract fees.

Bair Chase Property Company, LLC v. S&K Development Company · filed 2008-06-05(8)

Because S&K’s attorney’s efforts in correcting the alleged usury violation cannot be characterized as successfully defending against a counterclaim, we hold that S&K was required to segregate its attorney’s fees.

Section 38.001 requires a party to prevail on a claim eligible for attorney's fees and recover damages before receiving fees.

McDaniel v. Bennett · filed 2008-06-20

The court also awarded the Bennetts attorney's fees for their claims of breach of contact and violations of the DTPA. See Tex. Civ. Prac. & Rem.Code Ann. § 38.001 et seq. (Vernon 1997) (contract), Tex. Bus. & Comm.Code Ann. § 17.50(d) (Vernon Supp.2007) (DTPA). 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) allows attorney’s fees for a breach of partnership claim only if the claimant recovers damages on that claim.

Medistar Corporation v. Schmidt · filed 2008-06-25(8)

Because Medistar failed to recover damages on its breach of partnership claim, it could not recover its attorney’s fees under section 38.001.

Section 38.001 permits reasonable attorney's fees for a valid contract claim, and a lawyer's invoice can provide evidence supporting the award.

McCright v. Josh Rodriguez and Emmett Sterling Huff · filed 2008-06-26

Second, we note that section 38.001 of the Texas Civil Practice and Remedies Code provides that "[a] person may recover reasonable attorney's fees 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." ... Based on this invoice, as well as the trial court's ability to take judicial notice of its own file, we hold that there is some evidence to support the award of attorney's fees and, thus, the evidence is legally sufficient to support finding 70.

Section 38.001(8) permits reasonable attorney’s fees for contract claims, but fees for work solely on unrecoverable claims must be segregated.

Thomas v. John Goodman D/B/A John Goodman's Tree Service · filed 2008-07-02(8)

Section 38.001 provides that a person may recover reasonable attorney’s fees on a claim based on an oral or written contract. ... Because the jury’s award of attorney’s fees included time spent on matters other than the breach of contract action, segregation of fees is required.

Section 38.001(8) permits attorney's fees for an oral or written contract claim, but an award requires a basis for that claim.

Art v. Schmart Engineering, Inc. and Jenny Schmieder, Individually and as Representative of the Estate of Richar · filed 2008-10-09(8)

Nowhere in the findings of fact and conclusions of law did the trial court find that Art: (1) violated section 27.01 of the business and commerce code, s ee Tex. Bus. & Com. Code Ann. § 27.01(e) (Vernon 2002) (" Any person who violates the provisions of this section shall be liable to the person defrauded for reasonable and necessary attorney's fees. . . .") (emphasis added); (2) breached an oral or written contract, see Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) ("A person may recover reasonable attorney's fees 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") (emphasis added); or (3) abused the discovery process, see Tex. R. Civ. P. 215.

Section 38.001(8) requires an award of reasonable attorney’s fees to a party who prevails on a contract claim, recovers damages, and proves the fees are reasonable.

Brent v. Field · filed 2008-12-30(8)

The trial court was without discretion to deny her an award of attorney’s fees according to section 38.001.

Section 38.001(8) does not authorize attorney's fees against a municipality because the defendant must be an individual or a corporation.

City of Alton, Carter & Burgess, Inc., Turner, Collie & Braden, Inc., and Cris Equipment Company, Inc. v. Wate · filed 2009-02-05(8)

Moreover, to recover attorney's fees under chapter 38, the plaintiff must sue an individual or a corporation. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001. Alton, a municipality, is not considered a corporation even when it is acting in its proprietary function. See Tex. Loc. Gov't Code Ann. § 5.904(b) (Vernon 2008). Therefore, we conclude the trial court erred in awarding attorney's fees pursuant to section 38.001(8).

Section 38.001 requires an award of reasonable attorney’s fees when the claimant proves the fees are reasonable.

AMX Enterprises, L.L.P., F/K/A AMX Enterprises, Inc. v. Master Realty Corp. · filed 2009-04-09

An award of reasonable attorney’s fees is mandatory under section 38.001 if there is proof of the reasonableness of the fees.

Section 38.001 requires attorney's fees awarded on a successful contract claim to be reasonable.

Haden, Charles M., Jr., Individually and Charles McIntyre Haden, Jr. & Co. D/B/A Haden & Company v. David J. Sacks, P.C. · filed 2009-05-07(8)

To warrant recovery under section 38.001 of the Civil Practice and Remedies Code, attorney's fees must be "reasonable."

Section 38.001(8) does not authorize recovery of attorney's fees against a municipality because a municipality is neither an individual nor a corporation under the provision.

City of Corinth v. NUROCK DEVELOPMENT, INC. · filed 2009-07-30(8)

Accordingly, we hold that section 38.001(8) does not authorize recovery of attorney's fees by NuRock against the City.

Section 38.001(8) does not authorize recovery of attorney’s fees against a municipality because a municipality is neither an “individual” nor a “corporation” under the section.

the City of Corinth, Texas v. Nurock Development, Inc., Nurock Corporation, NDG-Tower Ridge 1, LLC and Tower Ridge Corin · filed 2009-07-30(8)

Accordingly, we hold that section 38.001(8) does not authorize recovery of attorney’s fees by NuRock against the City.

Section 38.001 permits attorney's fees for a breach of contract only if the claimant prevails and recovers damages.

MBM FINANCIAL v. Woodlands Operating Co. · filed 2009-08-28

To recover fees under this statute, a litigant must do two things: (1) prevail on a breach of contract claim, and (2) recover damages.

Section 38.001(8) permits attorney's fees for breach-of-contract claims; fees need not be segregated among claims that each support an award.

Cammack the Cook, L.L.C., Jason Cammack, Lauren Cammack, and Milton Cammack v. Eastburn · filed 2009-09-25(8)

All of Eastburn's claims were for breach of the lease, any of which would support an award for attorney's fees. Further, the claims all arose from the same transaction and involved essentially the same facts. Segregation of the breach of lease claims was not needed in this case.

Section 38.001 authorizes attorney's fees separately from the amount of a valid claim and costs; fees awarded under it are not awarded as costs.

Stanley Shook// Terry Walden and Joy Walden v. Terry Walden and Joy Walden// Stanley Shook, Patrick Jaehne and S&J Endea · filed 2010-02-18

Nor does chapter 38 of the civil practice and remedies code authorize the award of attorney's fees as "costs," as Shook points out. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001. To the contrary, as previously discussed, chapter 38 distinguishes "costs" from the attorney's fees awarded under the provision.

Section 38.001 does not authorize attorney’s fees on a contract claim unless the claimant prevails on a breach-of-contract claim and recovers damages.

Wibbenmeyer v. TechTerra Communications, Inc. Christian Behier And Adella Almazan-Seabolt · filed 2010-03-26

Chapter 38 is not a basis for recovering attorney’s fees in this case because appellees did not assert a claim for breach of contract, did not prevail on one, and did not recover damages.

Section 38.001(8) requires a damages award before a party may recover statutory attorney’s fees for a breach of contract claim.

Gunderson v. Wells Fargo Bank, N.A. · filed 2010-07-01(8)

The phrase in the statute which reads “in addition to the amount of a valid claim” implies that a party must first have been awarded damages before it may be awarded attorney’s fees.

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

David v. Quartaro v. Strategic Outsourcing, Inc. · filed 2010-07-27(8)

In Texas, the award of attorney’s fees to a plaintiff recovering on a valid contract claim is mandatory under section 38.001 if there is proof of the reasonableness of attorney’s fees.

Section 38.001(8) permits attorney’s fees for a successful contract claim, but does not permit fees against a party whose performance was excused.

Tony Miller, Individually and D/B/A Tony Miller Renovations & Construction v. McCarty · filed 2010-09-21(8)

Had McCarty recovered in her claim of breach of contract, she would have been entitled to attorney’s fees. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (Vernon 2008). Because Miller was found by the jury to have been excused from performance, he cannot now be held liable for attorney’s fees in a suit to enforce a contract, the performance of which he has been excused.

Section 38.001 does not allow attorney’s fees on a breach of contract claim when the claimant recovers no damages.

Wes-Tex Tank Rental, Inc. v. Pioneer Natural Resources USA, Inc. · filed 2010-09-30

Because Wes-Tex offered no other evidence of actual damages and because in the absence of actual damage Wes-Tex was not entitled to attorney’s fees, [5] the trial court did not err when it granted Pioneer’s motion for directed verdict.

Section 38.001(8) permits attorney’s fees for a successful contract claim, but the claimant must segregate fees spent solely on claims for which fees are unrecoverable.

UL, Inc., D/B/A Urban Living and George Silaski v. Pruneda · filed 2010-12-09(8)

We conclude that, because he did not segregate the fees, Pruneda did not conclusively establish the attorney’s fees awarded by the trial court.

Section 38.001 permits a jury to award no attorney’s fees on a contract claim when the evidence shows that attorney’s services were unnecessary.

Crounse v. State Farm Mutual Automobile Insurance Co. · filed 2010-12-23(8)

In a case where attorney’s fees are recoverable, an award of no fees by a jury can only be proper if the evidence affirmatively shows that no attorney’s services were needed or that any services provided were of no value. ... The jury could have reasonably concluded that Crounse was not entitled to recover any amount in attorney’s fees for the prosecution of a lawsuit in which the sole legitimate claim would have been paid without suit being filed if Crounse had just turned in an insurance claim, or had just sent in the $100 towing bill, to State Farm. ... The award of “$0.00” in attorney’s fees is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust.

Section 38.001 permits attorney’s fees on a breach of contract claim when the claimant recovers damages; a contract term must specifically preclude the statutory award to waive those fees.

Dr. Theodore M. Herring, Jr., and Carmen Dawson v. Heron Lakes Estates Owners Association, Inc. · filed 2011-01-04

The Texas Supreme Court has construed this statute to require that a prevailing party recover at least some damages to also recover attorney’s fees. ... Accordingly, the Association was entitled to recover attorney’s fees under section 38.001. ... The contract provision at issue in this case did not specifically preclude a statutory award of attorney’s fees for a breach of the settlement agreement itself.

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

Hennen v. Jerry McGinty and Villas by Design, Inc. · filed 2011-01-20(8)

Under section 38.001, an award of attorney’s fees is mandatory if there is proof of the reasonableness of the fees.

Section 38.001(8) permits recovery of attorney’s fees only when the claimant also recovers damages.

Anastacio G. Garza and Barbara T. Garza v. Alejandro E. Villarreal, Jr. · filed 2011-02-02(8)

And, the applicable statute, section 38.001(8) of the Civil Practice and Remedies Code, permits attorney’s fees only when damages have been recovered.

Section 38.001 does not authorize attorney’s fees for a misapplication of trust funds claim.

Ralph P. Larrison, Jr. v. Catalina Design · filed 2011-02-17

Misapplication of trust funds is not one of the causes of action listed in section 38.001, and therefore the section does not apply to Catalina‘s claims against Larrison.

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

Stritzinger v. Wright · filed 2011-02-23(8)

Wright's trial counsel presented evidence that he had sent a demand letter to Stritzinger on July 2, 2009, about Stritzinger's breach of contract, as required by section 38.001 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 38.001(8), .002 (West 2008). Wright's trial counsel testified that of the $249,000 Wright incurred in fees, $49,450 was incurred for work on the breach-of-contract claim, and $30,000 was incurred for work on the enforcement violations. The district court had sufficient evidence upon which to base these fee awards.

Section 38.001(8) requires an award of reasonable attorney's fees when a party prevails on a breach-of-contract claim, recovers damages, and proves the fees reasonable.

Hennen v. McGinty · filed 2011-03-03(8)

Under section 38.001, an award of attorney's fees is mandatory if there is proof of the reasonableness of the fees. ... Accordingly, we hold the trial court erred when it did not include an award of appellant's reasonable attorney's fees in the final judgment.

Section 38.001 requires evidence that the attorney’s fees sought are reasonable and necessary.

David v. David · filed 2011-04-07

To warrant recovery under this section, attorney's fees must be “reasonable.” ... Because no evidence exists in the record that $5,000.00 is reasonable, we hold that the trial court erred in awarding this amount to her.

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

Left Gate Property Holdings, Inc. D/B/A Northside Texas Direct Auto and Ed Williams Individually v. Scott · filed 2011-04-07(8)

First, a party may recover reasonable attorney’s fees on a claim regarding an oral or written contract .

Section 38.001(8) allows attorney’s fees for a successful contract claim, but requires segregation of fees incurred solely on claims for which fees are unavailable.

Whitmire v. Greenridge Place Apartments · filed 2011-04-14(8)

Under section 38.001(8), Greenridge Place was allowed to recover attorneys’ fees for prosecuting its claim for the re-letting fee. However, if any attorneys’ fees relate solely to a claim for which such fees are unrecoverable, a claimant must segregate recoverable from unrecoverable fees.

Section 38.001(8) authorizes attorney’s fees when a claimant prevails on an eligible cause of action and recovers damages.

Powell Electrical Systems, Inc., F/K/A Powell Electrical Manufacturing Company v. Hewlett Packard Company · filed 2011-04-28(8)

Because we conclude HP is entitled to recover some damages, we also conclude that attorney’s fees are authorized under Section 38.001.

Section 38.001 requires an award of reasonable attorney’s fees for a successful sworn-account claim when the fees are proved reasonable.

Gardner Aldrich, LLP v. Tedder · filed 2011-08-11

We therefore hold that the trial court erred by not including in the client fee award an award of reasonable and necessary attorney’s fees for the prosecution of the law firm’s intervention.

Section 38.001(8) allows reasonable attorney’s fees when a party prevails on a breach of contract claim and recovers damages; fees are not excessive solely because they exceed the damages.

Phillip and Benita Young v. Emilio and Mary Sanchez · filed 2011-10-12(8)

A party may recover reasonable attorney’s fees under section 38.001 of the Civil Practice and Remedies Code if the party (1) prevails on a breach of contract claim and (2) recovers damages. ... A disproportionate relationship between the amount of damages and attorney’s fees awarded does not alone render the attorney fee award excessive, and the Youngs cite no other factor to show the fee award was unreasonable. ... We hold the attorney’s fees are not excessive in light of the prolonged nature of the litigation, and are supported by the record.

Section 38.001(8) allows recovery of attorney’s fees attributable to a successful breach of contract claim.

Juan Alberto Rey and Roberto Alvarez-Rey v. Carlos Lara and Benito Lara · filed 2011-12-15(8)

However, we also remand the case to the trial court to determine attorney’s fees and costs attributable to Rey’s claim against Carlos under section 38.001 of the civil practice and remedies code.

Section 38.001 gives a claimant a right to attorney’s fees upon proof of a reasonable fee.

Elaazami v. Lawler Foods, Ltd · filed 2012-02-07

Elaazami has a statutory right to attorney‘s fees under Section 38.001 of the Civil Practice and Remedies Code if he is able to provide the trial court with evidence of a reasonable fee.

Section 38.001 makes an attorney’s fee award mandatory when the statutory elements and the reasonableness of the fees are proved.

DaimlerChrysler Motors Company, LLC v. Tommy J. Manuel, Tommy Manuel Auto Leasing, Inc., and Manuel Auto Sales, Ltd. · filed 2012-02-24

If all of the statutory elements are established and there is proof of the reasonableness of the fees, an award of fees under section 38.001 is mandatory.

Section 38.001(8) permits recovery of fees for legal work that advances both a successful breach of contract claim and the defense of related counterclaims without segregating those fees.

James O. Ainsworth, Jr v. Cach, LLC · filed 2012-04-10(8)

“Reasonable” attorney’s fees are available to a prevailing party on a breach of contract claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008). ... Under these circumstances, we conclude that CACH was not required to segregate its attorney’s fees.

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

Cajun Constructors, Inc. v. Velasco Drainage District · filed 2012-07-10(8)

“Reasonable” attorney’s fees are available to a prevailing party on a breach of contract claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008).

Section 38.001 permits attorney’s fees for a breach of contract claim; fees attributable solely to a negligence claim must be segregated.

in Re: 21st Century Group, LLC · filed 2012-08-07

A negligence cause of action does not support a claim of attorney’s fees, whereas a claim for breach of contract does. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 38.001–.006 (West 2008). ... Therefore, we must reverse the trial court’s award of attorney’s fees and remand the case for another determination of attorney’s fees.

Section 38.001(7)-(8) does not allow attorney’s fees for a deficient sworn-account claim or an unproved contract claim.

Tandan v. Affordable Power L.L.P · filed 2012-08-09(7)-(8)

Affordable Power contends that fees were proper for its suit on a sworn account and breach of contract claim. See Tex. Civ. Prac. & Rem. Code Ann. § 38.001(7)-(8) (Vernon 2008). But as we concluded above, Affordable Power’s sworn account was deficient as a matter of law, and there is no evidence of a contract between Affordable Power and Tandan. Accordingly, Affordable Power could not recover attorney’s fees from Tandan.

Section 38.001(8) allows reasonable attorney’s fees for a prevailing party on a breach of contract claim, and fees need not be segregated when the same legal work advances recoverable and nonrecoverable claims.

Cajun Constructors, Inc. v. Velasco Drainage District · filed 2012-08-14(8)

“Reasonable” attorney’s fees are available to a prevailing party on a breach of contract claim. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (West 2008). ... Under these circumstances, we conclude that Velasco was not required to segregate its attorney’s fees.

Section 38.001(8) allows attorney’s fees for a successful contract claim with damages, but not for claims that yield no damages.

Longoria v. State · filed 2012-08-23(8)

Because no damages could be awarded, Mo-Vac was not entitled to attorney’s fees on the breach of contract or fraud issue.

Section 38.001(8) requires an award of attorney’s fees for a qualifying contract claim when the claimant proves the required elements.

Lainie Whitmire and Ray Whitmire v. National Cutting Horse Association · filed 2012-10-11(8)

If attorney’s fees are proper under section 38.001(8), and the requisite elements are proven, the trial court has no discretion to deny them.

Section 38.001(8) permits a prevailing party on a breach-of-contract claim to recover reasonable attorney’s fees, but does not require an award of the full amount requested.

Aneita J. Weaver v. Jamar · filed 2012-10-30(8)

A prevailing party on a breach-of-contract claim may recover “reasonable” attorney’s fees. Tex. Civ. Prac. & Rem. Code § 38.001(8). ... After reviewing the record under the applicable standard of review, we conclude the trial court did not err in failing to award Weaver the full amount of attorney’s fees that she sought.

Section 38.001 provides a basis for attorney’s fees in a bill-of-review action when the underlying claim is for furnished materials.

Celeste Grynberg and Jack J. Grynberg D/B/A Grynberg Petroleum v. M-I L.L.C. · filed 2012-12-28

M-I argues and we agree that section 38.001 provides a legal basis for awarding attorneys’ fees pursuant to the underlying cause of action.

A waiver of attorney’s fees under Section 38.001 must specifically identify that statutory right; arbitration rules that do not reference the section do not waive it.

Venture Cotton Cooperative and Noble Americas Corp. v. Freeman · filed 2013-01-11

Here, the arbitration rules provide that an award “shall not include attorney’s fees unless provided for in the contract,” but the rules do not specifically reference Section 38.001. Therefore, appellees did not waive their right to attorney’s fees under Section 38.001.

Section 38.001 does not allow a defendant to recover attorney’s fees for merely defending against a contract claim without bringing its own contract claim.

in Re Dr. Frank Mora and First Vista Investments, Llc · filed 2013-02-28

The provisions of the civil practice and remedies code providing for ... the recovery of attorney’s fees in breach of contract cases do not provide for recovery of attorneys' fees by defendants who only defend against a plaintiff's contract claim and do not present their own contract claim.

Section 38.001 attorney’s fees are not taxed as court costs; a claimant seeking appellate or post-judgment fees must prove their reasonable amount at trial.

Partners in Building, LP v. Eure · filed 2013-03-28

Under the unambiguous statutory language, reasonable attorney’s fees awarded under this statute are not taxed as costs of court.

Section 38.001 allows a jury to reduce requested attorney’s fees when it reasonably finds that the work duplicated outside counsel’s work.

Nalle Plastics Family Limited Partnership v. Porter, Rogers, Dahlman & Gordon, P.C. and Patrick P. Rogers · filed 2013-04-18(8)

The jury could have reasonably determined that the work done by Rogers and other Porter attorneys was duplicative of the work done by outside counsel, especially considering the fact that no itemized billing statements were offered into evidence.

Section 38.001 requires an award of attorney’s fees on a valid contract claim when the reasonableness of the fees is proved.

Patsy Jean Johnson AKA Patricia M. Johnson v. Ventling · filed 2013-06-27(8)

The awarding of fees under section 38.001 is mandatory if there is proof of the reasonableness of the fees.

A party seeking attorney’s fees under Section 38.001 must show that segregation from fees for unrecoverable claims is unnecessary.

National Property Holdings, L.P., Michael Plank, and Russell Plank v. Westergren · filed 2013-06-28

The party seeking to recover attorney’s fees carries the burden of demonstrating that fee segregation is not required.

Section 38.001 does not require an attorney seeking fees to state precise qualifications or an exact number of hours worked.

Vela v. Vela · filed 2013-07-18

Although Marcos did not provide precise details about his qualifications or report an exact number of hours of service performed, nothing in chapter 38 requires these exact details.

Section 38.001(8) permits attorney’s fees for a contract claim; fees need not be segregated between claims when both authorize their recovery.

Plains Builders, Inc. v. Steel Source, Inc. · filed 2013-07-30(8)

As the trial court found, attorney’s fees were recoverable under either claim. We do not understand the authority Plains Builders cites, which includes Gullo and Kosberg v. Brown, 601 S.W.2d 414 (Tex.Civ.App.--Dallas 1980, no writ), to require segregation of fees in this circumstance.

Section 38.001(8) permits attorney’s fees for a contract claim; fees for work shared with a related, fee-eligible claim need not be segregated.

William J. Gonyea and Catherine J. Gonyea v. Kerby · filed 2013-08-08(8)

Based on the foregoing, we conclude that both of Kerby’s claims arose from the same transaction or occurrence and involved “essentially the same facts.” ... Accordingly, Kerby was not required to segregate his fees.

Section 38.001 does not require a fee affidavit to state counsel’s precise qualifications or exact hours worked.

Vela v. Vela · filed 2013-09-24

Although Marcos did not provide precise details about his qualifications or report an exact number of hours of service performed, nothing in chapter 38 requires these exact details. See TEX. CIV. PRAC. & REM. CODE § 38.001.

Section 38.001(8) does not allow attorney’s fees on summary judgment when a party fails to conclusively prove its entitlement to specific performance.

Bob E. Woody, the Ranch, LLC, and Hector H. Cardenas, Jr. v. J. Black's, LP and J. Black's, GP, LLC · filed 2013-10-18(8)

Nonetheless J. Black’s is not entitled to recover attorney’s fees under section 38.001(8) since it did not present conclusive proof entitling it to a summary judgment decreeing specific performance.

Section 38.001(7) permits reasonable attorney’s fees for a sworn-account claim, but a factual dispute over reasonableness prevents an award as a matter of law.

Gil Ramirez and Mariachi Bar & Grill LLC v. Coca-Cola Refreshments USA, Inc. Fka Coca-Cola Enterprises, Inc. · filed 2013-10-22(7)

Section 38.001(7) of the Texas Civil Practice and Remedies Code authorizes the award of attorney’s fees in this case. ... Because Mariachi and Ramirez raise an issue of material fact, we hold that the trial court erred in awarding attorney’s fees as a matter of law.

Section 38.001 requires an award of reasonable attorney’s fees on a qualifying contract claim when the reasonableness of the fees is proven.

Patsy Jean Johnson AKA Patricia M. Johnson v. Ventling · filed 2013-12-19(8)

The awarding of fees under section 38.001 is mandatory if there is proof of the reasonableness of the fees.

Section 38.001 requires evidence supporting a reasonable attorney’s fee; a contingency-fee percentage alone does not support an award.

McKeithan v. Condit · filed 2013-12-19

McKeithan argues that the trial court erred in awarding attorney’s fees using a contingency-fee formula, which we agree, is not allowed.

Section 38.001(8) permits recovery of reasonable attorney’s fees on a contract claim, and an uncontroverted attorney affidavit with supporting billing records can establish the amount.

Jeramie Eitel, D/B/A Jeraco Investments and as Agent for Cliff's Star Construction, LLC Jenson Gainer And Otis Bakke v. · filed 2014-02-13(8)

A person may recover reasonable attorney’s fees 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. ... We hold that the award of $3,718.47 in attorney’s fees is supported by sufficient evidence.

Section 38.001(8) allows a party who prevails on a breach-of-contract claim and recovers damages to recover attorney’s fees from the party liable for those damages.

Harris v. Charles Kennebrew, Sr. and Elite Protective Services, LLC · filed 2014-03-04(8)

To recover attorney’s fees under this statute, a party must prevail on a breach-of-contract claim and recover damages. ... Because Harris is entitled to breach-of-contract damages only from Elite, the statute provides no basis on which to hold Kennebrew jointly and severally liable for attorney’s fees.

Section 38.001 covers quantum meruit claims, but a claimant may recover zero attorney’s fees when the evidence supports a finding that no attorney services were necessary.

Susan Meek, M.D. v. Rockne Onstad Individually and D/B/A the Onstad Law Firm and Joyce Stamp Lilly Individually and D/B/ · filed 2014-04-30

Based upon this finding, the trial court properly could render judgment that Meek recover no attorney’s fees under Chapter 38, even though Meek recovered actual damages on a quantum-meruit claim covered by Chapter 38.

Section 38.001 permits attorney’s fees for a breach of contract claim only if the claimant recovers damages.

Bank of America, N.A. v. Dwight Eisenhauer, Individually and as Independent of the Estate of Lorene Belcher Walter · filed 2014-05-15

We agree that when a party fails to recover damages on his breach of contract claim, he is not entitled to recover attorney’s fees under section 38.001.

Section 38.001 makes an award of attorney’s fees mandatory for an eligible claimant.

The Prudential Insurance Company of America v. Durante · filed 2014-08-29

An award of attorney’s fees under Section 38.001 is mandatory.

Section 38.001(8) permits attorney’s fees on a successful breach-of-contract claim; the fee award must be reassessed when the recoverable damages are substantially reduced.

Jerry L. Starkey, TBDL, L.P., and PBW Development Corporation v. Graves · filed 2014-09-11(8)

Attorney’s fees are available to the prevailing party in connection with each of these causes of action. See TEX. BUS. & COM. CODE ANN. § 27.01(d) (statutory fraud); TEX. CIV. PRAC. & REM. CODE ANN. § 38.001(8) (West 2008) (breach of contract). ... We therefore agree that the attorney’s-fee award must be reversed and that issue must be remanded.

Section 38.001(8) permits recovery of reasonable attorney’s fees on a contract claim when the evidence supports the amount awarded.

Holmes v. GMAC, Inc. · filed 2014-11-07(8)

GMAC sought attorney’s fees under the contract and Section 38.001 of the Civil Practice and Remedies Code. ... Because the evidence supports the trial court’s award of attorney’s fees, we not find an abuse of discretion.

Section 38.001(8) permits recovery of fees for a valid breach of contract claim without segregating work that also advances an intertwined, unrecoverable claim.

Fred Loya Insurance Agency, Inc., and Loya Insurance Company v. Martin W. Cohen, Martin W. Cohen & Co., and Nehoc Adviso · filed 2014-11-07(8)

Under Section 38.001 of the Texas Civil Practice and Remedies Code, Cohen was permitted to recover fees incurred in pursuing its breach of contract claim -- the counterclaim in this case -- if the claim was valid. ... We conclude they did. The underlying facts and evidence upon which Cohen relied in prosecuting its breach of contract counterclaim and defending against Loya’s breach of fiduciary duty action overlapped significantly.

Section 38.001(8) makes an award of reasonable attorney’s fees mandatory for a breach-of-contract claim.

Wasserberg v. RES-TX One, LLC. · filed 2014-12-09(8)

Because the language of the statute is “may recover” rather than “may award,” attorneys’ fees for a breach of contract are mandatory.

Section 38.001 requires evidence that appellate attorney’s fees are reasonable and necessary; general statements about their reasonableness do not support an award.

Statewide Hydraulics, Inc. and Phillip Berrospe v. EZ Management GP, LLC D/B/A Check Cashing & Blue Printing · filed 2015-01-13

An award of attorney’s fees under section 38.001 must be supported by evidence that the fees were both reasonable and necessary. ... We determine that the evidence is legally insufficient to support the trial court’s award of appellate attorney’s fees to EZ Management.

Section 38.001 permits reasonable attorney’s fees for a contract claim, but the claimant must provide enough detail about the work performed to support the amount awarded.

Steve Person, Jim Walesa, and Trident Healthcare Properties I, LP v. MC-Simpsonville, SC-1-UT, LLC · filed 2021-08-27

Accordingly, we hold that the proof in this case did not provide the trial court legally sufficient evidence to calculate a reasonable fee award using the lodestar method.

Under the version of section 38.001 applicable to actions filed before September 1, 2021, a court cannot award attorney’s fees against an LLC, LLP, or LP.

Benge General Contracting, LLC and James Benge v. Hertz Electric, LLC and HTJ Global Electric, LLC · filed 2021-09-07

Under the plain language of section 38.001, a trial court cannot order limited liability partnerships (LLP), limited liability companies (LLC), or limited partnerships (LP) to pay attorney’s fees.

For actions commenced before September 2021, Section 38.001 did not permit recovery of attorney’s fees from limited liability companies or limited partnerships.

Hamman v. Lyle · filed 2021-10-05

Under the former provision, the term “corporation” did not encompass limited liability companies or limited partnerships.

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

Veach v. State Farm Lloyds · filed 2021-12-15(8)

The Court finds this amount reflects the reasonable and necessary attorneys’ fees to which Veach is entitled as the prevailing party.

Section 38.001 allows recovery of reasonable attorney’s fees on a valid contract claim; billing records showing the work, time, and rates can support the amount awarded.

Laws v. James Roberson D/B/A/ Roberson's Remodeling & Roofing · filed 2022-01-26

One of the exceptions is a case such as this in which a plaintiff prevails in a suit for breach of contract. TEX. CIV. PRAC. & REM. CODE ANN. § 38.001 (“A person may recover reasonable attorney's fees 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.”). ... This evidence is sufficient to support the jury’s finding that $62,500 was a reasonable and necessary fee for the services provided in this case.

Section 38.001 requires an award of conditional appellate attorney’s fees when trial fees are mandatory and reasonable appellate fees are proved.

Marsha Ellison D/B/A Ellison Lease Operating v. Samson Resources Co. Samson Lone Star Limited Partnership Samson Lone St · filed 2022-02-10

If trial attorney’s fees are mandatory under § 38.001, then appellate attorney’s fees are also mandatory when proof of reasonable fees is presented.

Section 38.001(8) allows attorney’s fees for a prevailing oral or written contract claim, but fees must be segregated from unsuccessful claims when feasible.

Crown Distributing LLC v. Ice Suppz LLC · filed 2022-05-13(8)

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). 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)). This is true even in the default judgment context. See McLeod, Alexander, Powel & Apffel, P.C. v. Quarles, 894 F.2d 1482, 1488 (5th Cir. 1990) (upholding an award of attorneys’ fees granted as part of a default judgment). However, the Texas Supreme Court has also held that when a party bringing multiple claims does not prevail on all claims, attorneys’ fees must be segregated to the extent feasible. Tony Gullo Motors I, L.P. v. Chapa, 212 S.W.3d 299, 314 (Tex. 2006). Therefore, the Court DENIES an award of attorneys’ fees at this time.

Section 38.001(1) permits recovery of reasonable attorney’s fees from an individual on a valid claim for services rendered when the claimant establishes that the fees are reasonable and necessary.

O'Connor v. Burg · filed 2022-06-09(1)

Under, Tex. Civ. Prac. & Rem. Code § 38.001(1), 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 services rendered. ... Therefore, Plaintiff will be awarded $56,617.75 in attorney’s fees for the work of Ms. Eisen and Mr. O’Connor.

Section 38.001(8) requires an award of reasonable attorney’s fees to a prevailing party in a breach-of-contract suit when the party proves the fees are reasonable.

UnitedHealthcare Insurance Company v. Quality Metrics Partners, LLC · filed 2022-08-22(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. Mathis v. Exxon Corp., 302 F.3d 448, 462 (5th Cir. 2002) (citing Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8)). ... Until UHIC has supplemented its motion for default judgment with more detailed evidence, this Court cannot assess the reasonableness of fees and costs.

Section 38.001(b)(8) permits attorney’s fees for a contract claim only against a person liable on that claim.

Liza Wildman, Individually and as Trustee of the Springman-Wildman Trust v. Annette Patrizi & Eric Patrizi · filed 2022-08-25(b)(8)

Because Wildman was not liable in her individual capacity under the easement agreement, the trial court erred by making ... her liable in her individual capacity for attorney’s fees for breach of the easement agreement.