Gill Sav. Ass'n v. Chair King, Inc., No. C-9598
| Court | Supreme Court of Texas |
| Writing for the Court | PER CURIAM |
| Citation | 797 S.W.2d 31 |
| Parties | GILL SAVINGS ASSOCIATION, Petitioner and Cross-Respondent, v. CHAIR KING, INC., Respondent and Cross-Petitioner. |
| Decision Date | 17 October 1990 |
| Docket Number | No. C-9598 |
Page 31
v.
CHAIR KING, INC., Respondent and Cross-Petitioner.
Gerald T. Drought, Troy Martin, III, San Antonio, Joanne M. Vorpahl, Robert D. Daniel, Jay N. Gross, Houston, for petitioner and cross-respondent.
Dennis G. Herlong, Houston, for respondent and cross-petitioner.
PER CURIAM.
Chair King filed suit against Gill Savings for wrongful eviction. After a trial to the court Chair King was awarded actual and punitive damages, and attorney's fees for the trial, the appeal, and for the bankruptcy proceedings involved. The court of appeals affirmed the liability but modified the award for attorney's fees. However, the court of appeals reversed the judgment of the trial court and remanded the cause, holding the evidence was factually insufficient to support damages. 783 S.W.2d 674. Both parties filed applications for Writ of Error. We disapprove the court of appeals' holding on attorney's fees, modify the remand instructions, and otherwise affirm the judgment remanding the cause to the trial court.
Chair King was awarded attorney's fees based on a finding of fraud arising out of a breach of contract. Attorney's fees are statutorily authorized for breach of contract actions. Tex.Civ.Prac. & Rem.Code Ann. §§ 38.001-.005 (Vernon's 1986). The court of appeals deleted only the trial
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court's award of $25,000 for appellate attorney's fees and $7,800 for other attorneys' fees in the bankruptcy proceeding. The court of appeals held there was no evidence to support either award. Consequently, it did not reach points that the evidence was factually insufficient to support those amounts.Gill Savings' predecessor in interest in the shopping center filed for bankruptcy protection. The relevant contract was a lease between the former owner and Chair King. Gill Savings claimed to succeed to the lessor's rights under the lease. The record does not disclose the full nature of the bankruptcy court proceedings. The attorneys who represented Chair King in the bankruptcy proceedings did not testify. One of Chair King's officers testified that the $7,800 fee bill was paid, and Chair King's trial attorney testified that the bankruptcy attorney fees were reasonable and necessary. We hold there was some evidence to support the award of the $7,800 attorneys' fees. We disapprove the holding of the court of appeals that, as a matter of...
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Stewart Title Guar. Co. v. Sterling, No. C-8910
...covering all claims. Gill Sav. Ass'n v. Chair King, Inc., 783 S.W.2d Page 12 674, 680 (Tex.App.--Houston [14th Dist.] 1989), modified, 797 S.W.2d 31 (Tex.1990) (remanded to the trial court for reexamination of attorney's fee award). Following a review of the record, we conclude that the att......
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Mbm Financial v. Woodlands Operating Co., No. 08-0390.
...S.W.2d 430, 437 (Tex. 1995). 28. Mustang Pipeline Co., 134 S.W.3d at 201; Green Int'l, 951 S.W.2d at 390; Beaston, 907 S.W.2d at 437. 29. 797 S.W.2d 31, 31 (Tex. 1990) (per 30. See 783 S.W.2d 674, 680 (Tex.App.-Houston [14th Dist.] 1989), aff'd as modified, 797 S.W.2d 31 (Tex. 1990). 31. 21......
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Tony Gullo Motors I, L.P. v. Chapa, No. 04-0961.
...amount covering all claims. Gill Sav. Ass'n v. Chair King, Inc., 783 S.W.2d 674, 680 (Tex.App.-Houston [14th Dist.] 1989), modified, 797 S.W.2d 31 (Tex.1990) (remanded to the trial court for reexamination of attorney's fee award).68 As the only two authorities cited in this passage suggest,......
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In re Gulf Exploration, LLC, No. 07-0055.
...S.W.2d 833, 842 (Tex. 1992). 39. See TEX. CIV. PRAC. & REM.CODE § 38.001-.006. 40. See, e.g., Gill Sav. Ass'n v. Chair King, Inc., 797 S.W.2d 31, 32 (Tex.1990) (holding reasonable fee in contract action included fees incurred in related bankruptcy 41. 262 S.W.3d 337, 352 (Tex.2008). 42.......
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Stewart Title Guar. Co. v. Sterling, No. C-8910
...covering all claims. Gill Sav. Ass'n v. Chair King, Inc., 783 S.W.2d Page 12 674, 680 (Tex.App.--Houston [14th Dist.] 1989), modified, 797 S.W.2d 31 (Tex.1990) (remanded to the trial court for reexamination of attorney's fee award). Following a review of the record, we conclude that the att......
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Mbm Financial v. Woodlands Operating Co., No. 08-0390.
...S.W.2d 430, 437 (Tex. 1995). 28. Mustang Pipeline Co., 134 S.W.3d at 201; Green Int'l, 951 S.W.2d at 390; Beaston, 907 S.W.2d at 437. 29. 797 S.W.2d 31, 31 (Tex. 1990) (per 30. See 783 S.W.2d 674, 680 (Tex.App.-Houston [14th Dist.] 1989), aff'd as modified, 797 S.W.2d 31 (Tex. 1990). 31. 21......
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Tony Gullo Motors I, L.P. v. Chapa, No. 04-0961.
...amount covering all claims. Gill Sav. Ass'n v. Chair King, Inc., 783 S.W.2d 674, 680 (Tex.App.-Houston [14th Dist.] 1989), modified, 797 S.W.2d 31 (Tex.1990) (remanded to the trial court for reexamination of attorney's fee award).68 As the only two authorities cited in this passage suggest,......
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In re Gulf Exploration, LLC, No. 07-0055.
...S.W.2d 833, 842 (Tex. 1992). 39. See TEX. CIV. PRAC. & REM.CODE § 38.001-.006. 40. See, e.g., Gill Sav. Ass'n v. Chair King, Inc., 797 S.W.2d 31, 32 (Tex.1990) (holding reasonable fee in contract action included fees incurred in related bankruptcy 41. 262 S.W.3d 337, 352 (Tex.2008). 42.......