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· 5/8/2015

Wayne Ventling v. Patricia M. Johnson

Citations

  • 466 S.W.3d 143
  • 58 Tex. Sup. Ct. J. 892
  • 2015 Tex. LEXIS 430
  • 2015 WL 2148056

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that fees are mandatory under Texas Civil Practice and Remedies Code Section 38.001 if there is proof of reasonableness of fees
  • holding if award of trial attorney’s fees is mandatory under authorizing statute, award of appellate attorney’s fees is likewise mandatory if proof of reasonable fees presented
  • treating “severable award of past attorney’s fees” as independently subject to post-judgment interest and separately determining date from which interest accrued
  • “If trial attorney’s fees are mandatory under section 38.001, then appellate attorney’s fees are also mandatory when proof of reasonable fees is presented.”
  • “To recover attorney’s fees under section 38.001, a party must prevail on the underlying claim and recover damages.”
  • “Generally, courts should construe contractual provisions in a manner that is consistent with the labels the parties give them.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lehrmann

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.