F. R. Hernandez Construction & Supply Co. v. National Bank of Commerce of Brownsville

DENTON, Justice.

This is a suit to collect principal, interest and attorney’s fees on a promissory note. The sole issue here concerns an award of attorney’s fees based upon a fixed percentage of the principal and interest due on the note. Specifically, the issue is whether an omitted, unrequested finding that the contractual fee is unreasonable will be supplied by presumption in support of the trial court judgment, if the trial court expressly finds that a lesser fee is reasonable and the omitted finding of unreasonableness is supported by the evidence.

The National Bank of Commerce of…