Legal Opinion
Intercontinental Group Partnership v. KB Home Lone Star LP
Texas Court of Appeals, 13th District
Decided August 23, 2007No. 13-06-617-CVPublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
Memorandum Opinion by
Justice BENAVIDES.
In this appeal, we must decide what constitutes a “prevailing party” in a breach of contract lawsuit. If a jury has found a defendant liable for breach, but does not award damages to the plaintiff, then has the plaintiff truly “prevailed?” This is not merely an abstract question of legal linguistics; it is a question with significant practical implications for the recovery of attorneys’ fees. The question is of particular importance when, as in this case, the contract terms addressing attorneys’ fees depart from the provisions in the…
2Cases cited31 opinions
- Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Farrar v. HobbySupreme Court of the United States · 1992
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
- Hewitt v. HelmsSupreme Court of the United States · 1987
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3Cited by6 opinions
- Intercontinental Group Partnership v. KB Home Lone Star L.P.Texas Supreme Court · 2009
- In re Nalle Plastics Family Ltd. PartnershipTexas Supreme Court · 2013
- Bhatia v. Woodlands North Houston Heart Center, PLLCCourt of Appeals of Texas · 2013
- North Star Water Logic, LLC v. Ecolotron, Inc.Court of Appeals of Texas · 2016
- Harmohinder S. Bhatia v. Woodlands North Houston Heart Center PLLC, North Houston Heart Center PLLC, Northwest Houston Cardiovascular Imaging Center II, Ltd., Northwest Houston Cardiovascular Imaging Associates, P.A. BACL Investments LLC, Vincent Aquino, M.D., F.A.C.C., Texas Court of Appeals, 14th District (Houston)2013
1 more not listed; retrieve them via the Exa API.