Wayland v. City of Arlington

The City of Arlington sued Marcus Way-land for recovery of $5,000 due under a promissory note. Wayland filed a counterclaim for the reasonable value of materials and labor provided for water and sewer improvements made in the development of Timbercreek Estates, an addition to the City of Arlington. Based upon the jury's answers to special issues, the trial court rendered judgment that the City take nothing and Wayland recover $5,834.80 on his counterclaim. The trial court denied Way-land recovery of reasonable attorney’s fees.

The court of appeals found that there was insufficient evidence to…