Legal Opinion

Jay Fikes and Associates v. Walton

Court of Appeals of Texas

Decided February 26, 1979No. 8971PublishedCited by 46 opinions

1Opinion of the Court

REYNOLDS, Justice.

An action for conversion of a tenant’s property lead to a judgment for the value of the converted property, punitive damages and attorney’s fees. The awards for actual and exemplary damages are sustainable; but, absent establishment of a contractual or statutory right to recover attorney’s fees, the áward therefor must be eliminated. Modified and affirmed.

Sherry Smith Walton occupied a unit of the Kings Park Apartments in Lubbock under a written one-year lease agreement with Jay Fikes and Associates, d/b/a Kings Park Apartments. The lease agreement provided for a landlord’s…

2Cases cited16 opinions

  1. Garza v. AlviarTexas Supreme Court · 1965
  2. New Amsterdam Casualty Co. v. Texas Industries, Inc.Texas Supreme Court · 1967
  3. Atlas Chemical Industries, Inc. v. AndersonTexas Supreme Court · 1975
  4. Harkey v. Texas Employers InsuranceTexas Supreme Court · 1948
  5. Bennett v. HowardTexas Supreme Court · 1943

11 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Stephanz v. Laird, Texas Court of Appeals, 1st District (Houston)1993
  2. USX Corp. v. Salinas, Texas Court of Appeals, 4th District (San Antonio)1991
  3. Whatley v. City of Dallas, Texas Court of Appeals, 5th District (Dallas)1988
  4. Praeger v. WilsonCourt of Appeals of Texas · 1986
  5. Pape Equipment Co. v. I.C.S., Inc.Court of Appeals of Texas · 1987

41 more not listed; retrieve them via the Exa API.

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