Jackson Padgett and Mark Negrete v. George L. Kessinger, Adam Burnett, Terry L. Norman and Ronald F. Gofrank

The issue in this appeal is whether the trial court abused its discretion in failing to find that appellants, Jackson Padgett and Mark Negrete, were prevailing parties in this breach of contract case and thus entitled to attorney’s fees. 'We hold that because appellants prevailed on the breach of contract claim, which was. separate and distinct from the fraudulent inducement claim on which they did not prevail, appellants are entitled to prevailing party attorney’s fees for defending the contract claim.

Appellants were the buyers of a restaurant business. Appellee Norman was one of the…