Farm Credit Bank of Texas v. Snyder National Bank

ON MOTION FOR REHEARING

On motion for rehearing, Snyder argues that Farm Credit failed to properly plead the issue of attorney’s fees as an affirmative defense and that, therefore, they are precluded from now urging that there is a *716fact issue as to the reasonableness of attorney’s fees. As authority for the proposition that unreasonableness of attorney’s fees must be pled as an affirmative defense, Snyder cites Spring Branch Bank v. Mengden, 628 S.W.2d 130 (Tex.App.— Houston [14th Dist.] 1981, writ ref’d n.r.e.); Dicker v. Lomas & Nettleton Financial Corporation, 676 S.W.2d 672…