Legal Opinion
Epps v. Fowler
Texas Supreme Court
Decided August 26, 2011No. 10-0283PublishedCited by 250 opinions
1Opinion of the CourtJustice Lehrmann
in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice GREEN, Justice WILLETT, and Justice GUZMAN joined.
Two years ago, we held that a plaintiff who obtained favorable jury findings but no damages was not entitled to attorney’s fees under contractual language entitling a prevailing party to such fees. Intercont’l Group P’ship v. KB Home Lone Star L.P., 295 S.W.3d 650, 652 (Tex.2009). Today, we consider whether a defendant is a prevailing party entitled to attorney’s fees when the plaintiff nonsuits a claim without prejudice. We hold that such a defendant is not a prevailing party…
2Cases cited35 opinions
- Valence Operating Co. v. DorsettTexas Supreme Court · 2005
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- Coker v. CokerTexas Supreme Court · 1983
- Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
30 more not listed; retrieve them via the Exa API.
3Cited by250 opinions
- Gary Wayne Jaster v. Comet II Construction, Inc., Joe H. Schneider, Laura H. Schneider, and Austin Design GroupTexas Supreme Court · 2014
- Texas State Board of Examiners v. Texas Medical Ass'nTexas Supreme Court · 2017
- Barbara D. Cosgrove, Individually and as the Trustee of the Charles and Barbara Cosgrove Family Revocable Living Trust v. Michael Cade and Billie CadeTexas Supreme Court · 2015
- the Peterson Group, Inc., PGI Development Group, LP, and Wellington Yu v. PLTQ Lotus Group, L.P. and Cubo Group, L.L.C., Texas Court of Appeals, 1st District (Houston)2013
- Vast Construction, LLC v. CTC Contractors, LLCCourt of Appeals of Texas · 2017
245 more not listed; retrieve them via the Exa API.