Legal Opinion

City of Terrell v. McFarland

Texas Court of Appeals, 5th District (Dallas)

Decided December 30, 1988No. 05-87-01385-CVPublishedCited by 15 opinions

1Opinion of the Court

BAKER, Justice.

The City of Terrell, Texas, appeals from an adverse judgment in a breach of contract suit brought by Lee McFarland. The city has raised nine points of error. We overrule points one through seven and sustain points eight and nine which concern McFarland’s award of attorney’s fees and postjudgment interest on those fees. We reform the trial court’s judgment by deleting the attorney’s fees awarded McFarland and the postjudgment interest on those fees; and, as reformed, we affirm the judgment.

The facts are disputed. The trial was hotly contested. McFarland alleged that he requested…

2Cases cited8 opinions

  1. Alm v. Aluminum Co. of AmericaTexas Supreme Court · 1986
  2. Gates v. City of DallasTexas Supreme Court · 1986
  3. City of Austin v. DanielsTexas Supreme Court · 1960
  4. City of Dallas v. Arnett, Texas Court of Appeals, 5th District (Dallas)1988
  5. Lewkowicz v. El Paso Apparel Corp.Texas Supreme Court · 1981

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3Cited by15 opinions

  1. Tooke v. City of MexiaTexas Supreme Court · 2006
  2. Dallas Market Center Development Co. v. LiedekerTexas Supreme Court · 1997
  3. Duncan Land & Exploration, Inc. v. LittlepageCourt of Appeals of Texas · 1999
  4. McLendon v. McLendon, Texas Court of Appeals, 5th District (Dallas)1993
  5. City of Houston v. Williams, Texas Court of Appeals, 14th District (Houston)2006

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