Haden v. Sacks, P.C. (Tex.App.-Houston - [1st Dist.] Sep. 7, 2006)(by Alcala)(enforcement case) [attorneys fees, enforcement of judgment, turnover relief, bankruptcy] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Keyes and Alcala 01-03-00025-CV Charles Haden, Jr., Individually, and Charles McIntyre Hayden, Jr. & Company d/b/a Haden & Company v. David J. Sacks, P.C. d/b/a Sacks & Associates Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Gary Michael Block) ("Under the record presented, we conclude there is no basis on which to conclude that the trial court abused its discretion by impliedly finding that $90,000 was a necessary and reasonable award of attorney’s fees and costs. We overrule Haden’s and the company’s first, second, and third sub-issues concerning the trial court’s exercise of its discretion in awarding costs and attorney’s fees to the law firm pursuant to section 31.002(e) of the turnover statute. ")
Bowen v. Kuntz (Tex.App.- Houston [14th Dist.] Sep. 12, 2006)(Hedges) [family law, divorce attorneys fees dispute, agreement incident to divorce, payment procedure] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Guzman 14-05-00769-CV Berry D. Bowen v. Hal G. Kuntz Appeal from 311th District Court of Harris County (Judge Douglas C. Warne)
Madeksho v. Watkins (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Edelman) [attorney’ fee dispute, jurisdiction, plenary power, severance] AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Guzman) 14-04-01062-CV Lawrence Madeksho v. Abraham Watkins, Nichols & Friend (A Partnership) and The Law Offices of Robert E. Ballard, P.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
Madeksho v. Watkins (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Edelman) [attorney’ fee dispute, jurisdiction, plenary power, severance] AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Guzman) 14-04-01062-CV Lawrence Madeksho v. Abraham Watkins, Nichols & Friend (A Partnership) and The Law Offices of Robert E. Ballard, P.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
Madeskho v. Watkins (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Edelman) [attorney’s fee dispute, admission of evidence on reasonableness of fees, settlement agreement, attorney fee sharing action] AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Guzman 14-04-01062-CV Lawrence Madeksho v. Abraham Watkins, Nichols & Friend (A Partnership) and The Law Offices of Robert E. Ballard, P.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
Dardas v. Ogletree (Tex.App.-Houston [14th Dist.] April 27, 2006)(Frost)(substitute opinion on rehearing) [class action attorneys fees dispute] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Judge Draughn, Justices Frost and Guzman 14-03-00538-CV Thomas A. Dardas, Individually and d/b/a Dardas & Associates and Bill Ogletree, P.C., a/k/a Ogletree Law Firm v. Fleming, Hovenkamp & Grayson, P.C., Fleming Law Firm, PLLC, and Fleming & Associates, L.L.P--Appeal from 61st District Court of Harris County Dissenting Opinion by Judge Draughn Before Judge Draughn, Justices Frost and Guzman 14-03-00538-CV Thomas A. Dardas, Individually and d/b/a Dardas & Associates and Bill Ogletree, P.C., a/k/a Ogletree Law Firm v. Fleming, Hovenkamp & Grayson, P.C., Fleming Law Firm, PLLC, and Fleming & Associates, L.L.P--Appeal from 61st District Court of Harris County
Devon SFS Operating, Inc. v. First Seismic Corp. (Tex.App.-Houston [1st Dist.] Feb. 16, 2006)(Alcala) [indemnity agreement, attorney's fees, fee factors, UDJA] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-04-00077-CV Devon SFS Operating , Inc., and IMC Global, Inc. v. First Seismic Corporation, a Delaware Corporation Appeal from 80th District Court of Harris County (Hon. Kent C. Sullivan)
Barry v. Barry (Tex.App.- Houston [1st Dist.] Feb. 16, 2007)(Higley) [default divorce, restricted appeal, attorneys fees] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Higley and Bland 01-05-00551-CV Dan R. Barry v. Teresa Barry Appeal from 312th District Court of Harris County (Hon. James Squier) A party does not have a statutory right to attorneys’ fees in a divorce case which does not involve a child custody determination. Beard v. Beard, 49 S.W.3d 40, 64 (Tex. App.—Waco 2001, pet. denied). Assessment of attorneys fees may be a part of the just and right division of property. Sandone v. Miller-Sandone, 116 S.W.3d 204, 208 (Tex. App.—El Paso 2003, no pet.). Because we reverse the division of property and because the evidence supporting attorney’s fees was insufficient, we include assessment of attorney’s fees in the portion of the judgment to be reversed.
Naschke v. Gulf Coast Conference (Tex.App.- Houston [14th Dist.] Feb. 7, 2006)(Edelman)(attorneys fees) AFFIRMED: Justice Edelman Before Justices Edelman, Seymore and Guzman 14-04-00687-CV Mary Jo Naschke d/b/a M.J. Naschke Public Relations v. Gulf Coast Conference d/b/a International Wellness Conference and Bob Kibler, Individually Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Cynthia Crowe)