Legal Opinion

In re BCH Development, LLC

Court of Appeals of Texas

Decided August 15, 2017No. 05-16-01481-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

Opinion by

Justice Schenck

After the trial court granted real parties in interest’s motion for summary judgment in this deed restriction case, the matter proceeded to a jury trial on attorney’s fees pursuant to section 5.006 of the property code. Tex Prop. Code Ann. § 5.006 (West 2014). The jury returned a verdict awarding real parties in interest $290,000 in attorney’s fees, rather than the full $579,954.45 they sought to recover. The trial court granted real parties in interest’s request for a new trial.

Relator, BCH Development, LLC (“BCH”), ñled a petition for writ of mandamus urging…

2Cases cited24 opinions

  1. In Re Columbia Medical Center of Las Colinas, Subsidiary, L.P.Texas Supreme Court · 2009
  2. Standard Fire Insurance Co. v. ReeseTexas Supreme Court · 1979
  3. State Bar of Texas v. EvansTexas Supreme Court · 1989
  4. Southwestern Energy Production Co. v. Berry-HelfandTexas Supreme Court · 2016
  5. Phillips v. BramlettTexas Supreme Court · 2009

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3Cited by14 opinions

  1. In re CambellCourt of Appeals of Texas · 2019
  2. Sohani v. SunesaraCourt of Appeals of Texas · 2018
  3. BCH Development, LLC v. Lakeview Heights Addition Property Owners' Association and Barbara WohlrabeTexas Supreme Court · 2018
  4. BCH Development, LLC v. Lakeview Heights Addition Property Owners' Association and Barbara Wohlrabe, Texas Court of Appeals, 5th District (Dallas)2019
  5. Eric Springstun v. the Wharf at Clear Lake Slip Maintenance Association, Inc., Texas Court of Appeals, 9th District (Beaumont)2025

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