Legal Opinion · Dissent

Kingsley Properties, LP v. San Jacinto Title Services of Corpus Christi, LLC

Court of Appeals of Texas

Decided September 22, 2016No. NUMBER 13-15-00128-CVPublished

1Dissent

Dissenting Opinion by

Justice Perkes

I respectfully dissent with the majority’s holding on issue one. I believe that appel-lee San Jacinto was a party to the agreement and, as the preyailing party in the underlying suit, was entitled to attorney’s fees. Therefore, I would affirm the trial court’s award of attorney’s fees. •

I. Attorney’s Fees

The majority correctly states the standard of review and applicable law. However,.! disagree with the majority’s construction of the agreement to which San Jacinto ■was a signatory. In considering the entire agreement and harmonizing its provisions, I would…

2Cases cited12 opinions

  1. Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of AmericaTexas Supreme Court · 2011
  2. Baylor University v. SonnichsenTexas Supreme Court · 2007
  3. El Paso Field Services, L.P. and Gulfterra South Texas, L.P. F/K/A El Paso South Texas, L.P. v. Mastec North America, Inc. and Mastec, Inc.Texas Supreme Court · 2012
  4. Hal Rachal, Jr. v. John W. ReitzTexas Supreme Court · 2013
  5. Pegasus Energy Group, Inc. v. Cheyenne Petroleum Co., Texas Court of Appeals, 13th District1999

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API