Legal Opinion

McFadden v. Bresler Malls, Inc.

Court of Appeals of Texas

Decided March 23, 1977No. 12502PublishedCited by 30 opinions

1Opinion of the Court

O’QUINN, Justice.

This appeal is the second from judgment of a county court at law in Travis County awarding attorney’s fees in a forcible entry and detainer suit.

We considered the first appeal in 1975 (526 S.W.2d 258, Tex.Civ.App.) on appellants’ point of error that there was “insufficient evidence to support the award of attorney’s fees” and that the fees awarded were “grossly excessive and contrary to the great weight and preponderance of the evidence.”

In that decision we stated, “The award is grossly excessive, but this Court reverses the judgment of the trial court by reason of the…

2Cases cited5 opinions

  1. Impson v. Structural Metals, Inc.Texas Supreme Court · 1972
  2. Southland Life Ins. Co. v. NortonTexas Commission of Appeals · 1928
  3. Capitol Life Insurance Company v. RutherfordCourt of Appeals of Texas · 1971
  4. McFadden v. Bresler Malls, Inc.Court of Appeals of Texas · 1975
  5. Southland Life Ins. v. NortonCourt of Appeals of Texas · 1928

3Cited by30 opinions

  1. Musgrave v. Brookhaven Lake Property Owners Ass'n, Texas Court of Appeals, 6th District (Texarkana)1999
  2. Cordova v. Southwestern Bell Yellow Pages, Inc., Texas Court of Appeals, 8th District (El Paso)2004
  3. Argonaut Ins. Co. v. ABC Steel Products Co., Inc.Court of Appeals of Texas · 1979
  4. First Federal Savings & Loan Ass'n of San Antonio v. Ritenour, Texas Court of Appeals, 13th District1986
  5. Volume Millwork, Inc. v. West Houston Airport Corp., Texas Court of Appeals, 1st District (Houston)2006

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