The following are summaries of selected civil opinions issued by the Third Court of Appeals during February 2024. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of March 11, 2024.
ATTORNEY’S FEES: Court reverses order denying attorney’s fees.
Abira Med. Laboratories, LLV v. OMH-Healthedge Holdings, Inc., No. 03-22-00176-CV (Tex. App.—Austin Feb. 13, 2024, no pet. h.) (mem. op.).
The trial court granted summary judgment for Omega on its breach-of-contract claim and ordered recovery of attorney’s fees in an amount to be determined by the court or agreement of the parties. When no agreement could be reached, Omega filed a motion to modify to include attorney’s fees and attached supporting evidence. The trial court denied the motion because Omega did not include attorney’s-fees evidence with its motion for summary judgment. The court of appeals observed that because the summary judgment was interlocutory, Omega could present such evidence later. Because Omega’s motion to modify included attorney’s-fees evidence, under TCPRC § 38.001, the trial court had no discretion but to award fees.
The court affirmed in part and reversed and remanded for a calculation of attorney’s fees.