Dudley Construction, Ltd., Richard Mark Dudley, and Hartford Fire Insurance Company v. Act Pipe and Supply, Inc.

This case presents two questions. The first is procedural: Did ACT Pipe and Supply, Inc., in defending a favorable judgment notwithstanding the jury's verdict, successfully raise a "cross-point" in the court of appeals that preserved an alternative argument proscribing the jury's original verdict? We say yes-ACT did not formally label its argument a "cross-point," but the substance of that argument, if accepted, would nonetheless vitiate the jury's original verdict. The second presents an issue of statutory interpretation: Are attorney's fees recoverable for a claim brought under the Texas…