Arrow Marble, LLC, Arrow Mirror and Glass, Inc., and Equicap Investments, LLC v. Estate of Rodney B. Killion

OPINION

HARVEY BROWN, Justice.

A Texas Theft Liability Act claim brought by the Estate of Rodney B. Kil-lion against Equicap Investments, LLC was dismissed with prejudice for want of prosecution. Equicap had counterclaims pending against the Estate at the time of dismissal, including a breach-of-contract claim and a request for attorney’s fees under the TTLA. Equicap presented evidence on its attorney’s fees at the trial of the breach-of-contract claim, but the trial court denied the request.

In two issues, Equicap argues that (1) the trial court erred by not awarding it attorney’s fees under…