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Issue: plaintiff nonsuits claimTX ↗
Issue: ttla claimTX ↗
Issue: performance doctrineTX ↗
Issue: theft claimTX ↗
Quoted verbatim 21×
126.2 score
G Cite
cited 16× by 15 distinct cases, 2014–2026 · 4 courts ·
…a defendant may be a prevailing party when a plaintiff nonsuits without prejudice if the trial court determines, on the defendant's motion, that the nonsuit was taken to avoid an unfavorable ruling on the merits.
at p. 870
⚠ not in text
cited 7× by 7 distinct cases, 2016–2023 · 3 courts ·
…litigants may recover attorney's fees only if specifically provided for by statute or contract.
at p. 865
⚠ not in text
cited 5× by 3 distinct cases, 2018–2020 ·
…a nonsuit without prejudice works no such change in the parties' legal relationship; typically, the plaintiff remains free to re-file the same claims seeking the same relief.
⚠ not in text
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
2018
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
Louisa Maria Tilleman v. Matthew John Tilleman
when a case is nonsuited without prejudice, res judicata does not bar relitigation of the same claims.
discussed
Cited as authority (verbatim quote)
Nustar Energy, L.P. v. Kelly Hancock, Comptroller of Public Accounts of the State of Texas; And Ken Paxton, Attorney General of the State of Texas
often, we consult dictionaries to discern the natural meaning of a common-usage term not defined by contract, statute or regulation.
discussed
Cited as authority (verbatim quote)
Dewayne Murray, in His Capacity as the Chapter 7 Trustee of the Bankruptcy Estate of Sherman Robinson v. Desmond Pollard, Schneider National Carriers, Inc., Old Republic Insurance Company, and INS Insurance, Inc.
a nonsuit terminates a case 'from the moment the motion is filed.
discussed
Cited as authority (verbatim quote)
Bob Bagley, Caleb Smith, Bill Philibert, Jim Doyle, Gwen Withrow, Steven Foster, Susan Love, Brigetta Millen, Mara Wasar, Mary Lewis, Sherry Tavel, Stephanie Cox, Lonna Hord, Jackie Williams, and Patrick Teich v. Bryan Christ, Matt Mitchell, and Charles A. Parada
a nonsuit terminates a case 'from the moment the motion is filed.
examined
Cited as authority (verbatim quote)
Chags Health Information Technology, LLC v. RR Information Technologies, Inc.
(7×)
also: Cited as authority (quoted), Cited as authority (rule), Cited "see"
the res judicata effect of a nonsuit with prejudice works a permanent, inalterable change in the parties' legal relationship to the defendant's benefit: the defendant can never again be sued by the plaintiff or its privies for claims arising out of the same subject matter.
discussed
Cited as authority (verbatim quote)
Tammy Tran Attorneys at Law, LLP, Tammy Tran, PLLC and Minh Tam Tran v. Spark Funding, LLC
when a case is nonsuited without prejudice, res judicata does not bar relitigation of the same claims.
discussed
Cited as authority (verbatim quote)
Victoria David, Independent of the Estate of Jean Cash David and as Trustee of the Bill and Jean David Family Trust v. Allan Howeth, Individually and Cantey Hanger, L.L.P.
often, we consult dictionaries to discern the natural meaning of a common-usage term not defined by contract, statute, or regulation.
examined
Cited as authority (verbatim quote)
Tuwana S. Gildon v. ARVM 5, LLC
in texas, plaintiffs may nonsuit at any time before introducing all of their evidence other than rebuttal evidence. tex. r. civ. p. 162. no court order is required. id.; travelers ins. co. v. joachim, 315 s.w.3d 860, 862 (tex. 2010).
discussed
Cited as authority (verbatim quote)
Transformative Learning System D/B/A Transformative Charter Academy v. Texas Education Agency and Michael Williams in His Official Capacity as the Commissioner of Education
often, we consult dictionaries to discern the natural meaning of a common-usage term not defined by contract, statute, or regulation.
discussed
Cited as authority (verbatim quote)
Ex parte Speckman
in texas, plaintiffs may nonsuit at any time before introducing all of their evidence other than rebuttal evidence.
discussed
Cited as authority (verbatim quote)
Texas State Board of Examiners v. Texas Medical Ass'n
we consult dictionaries to discern the natural meaning of a common-usage term not defined by contract, statute, or regulation.
examined
Cited as authority (verbatim quote)
Bacon-Tomsons, LTD., BRL Oil and Gas, L.L.C. and Ferrell Edwin Munson v. Chrisjo Energy, Inc., Jack M. Cline and Imperial Petroleum, Inc.
(7×)
also: Cited "see", Cited "see, e.g."
courts should rely as far as possible on the existing record and affidavits, and resort to live testimony only in rare instances.
discussed
Cited as authority (verbatim quote)
David Bagwell, Individually and as Trustee of the David S. Bagwell Trust v. BBVA Compass, Sam Meade, and Marilyn D. Garner, Chapter 7 Trustee of the Estate of the David Bagwelll Company and Trustee of the Estate of Evermore Communities, LTD.
when a case is nonsuited without prejudice, res judicata does not bar relitigation of the same claims.
discussed
Cited as authority (verbatim quote)
in Re Daniel W. Warren, Beneficiary of the Daniel Steven Weiner 1996 Trust
a nonsuit does not affect any pending claim for affirmative relief or motion for attorney's fees or sanctions.
discussed
Cited as authority (verbatim quote)
in Re David W. Warren, Beneficiary of the David Abraham Weiner 1994 Trust
a nonsuit does not affect any pending claim for affirmative relief or motion for attorney's fees or sanctions.
examined
Cited as authority (verbatim quote)
Solum Engineering, Inc. v. Martha M.J. Starich AKA Marie J. Starich and Lori A. Hood
a defendant may be a prevailing party when a plaintiff nonsuits without prejudice if the trial court determines, on the defendant's motion, that the nonsuit was taken to avoid an unfavorable ruling on the merits.
discussed
Cited as authority (quoted)
Webb Consolidated Independent School District v. Robert Marshall and Amy Marshall
we find federal cases focusing on the meaning of prevailing party instructive.
discussed
Cited as authority (quoted)
Logical Systems, Inc. D/B/A Logical Systems, LLC v. Edgar Berrios, Individually and as Next Friend on Behalf of Ca.B., Cesar Berrios, and Estela A. Quintos Lopez
limitations is an affirmative defense that must be pleaded and proven.
discussed
Cited as authority (quoted)
Gloria Zavala F/N/A Gloria Z. Franco v. Apolinar C. Franco
limitations is an affirmative defense that must be pleaded and proven.
discussed
Cited as authority (quoted)
Godoy v. Wells Fargo Bank, N.A.
limitations is an affirmative defense that must be pleaded and proven.
examined
Cited as authority (quoted)
J. Anthony Referente and Elizabeth A. Referente v. City View Courtyard, L.P. and JAAV Investments, LLC
(3×)
also: Cited "see"
evidence that the suit was not without merit when filed may indicate that the defendant has not prevailed and is therefore not entitled to attorney's fees
cited
Cited as authority (rule)
Tour Partners Ltd. v. Jay Cohen
Epps v. Fowler, 351 S.W.3d 862, 868 (Tex. 2011).
cited
Cited as authority (rule)
The Bridge Strategy & Technology Consulting, LLC v. Josh Adams
Ass’n, 511 S.W.3d 28, 35 (Tex. 2017) (citing Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011)).
cited
Cited as authority (rule)
Alecia Gaston v. C Four Appraisals, Inc, Cardinal Financial Company, LP, Rashid Gafoor and Findom, Inc.
Epps v. Fowler, 351 S.W.3d 862, 868 (Tex. 2011).
cited
Cited as authority (rule)
OWL Assetco I v. EOG Resources
Ass’n, 511 S.W.3d 28, 35 (Tex. 2017) (citing Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011)); see also Fort Worth Transp.
cited
Cited as authority (rule)
OWL Assetco I v. EOG Resources
Ass’n, 511 S.W.3d 28, 35 (Tex. 2017) (citing Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011)); see also Fort Worth Transp.
discussed
Cited as authority (rule)
Collinwood Seniors, Ltd. v. Ernest Williams
As such, [Collinwood] files its Notice of Nonsuit and Sworn Motion to Disburse Funds.” On June 12, 2024, Williams filed a Motion for Attorney’s Fees, requesting that the court determine that Collinwood nonsuited the case “to avoid an unfavorable ruling on the merits.” See Epps v. Fowler, 351 S.W.3d 862, 870 (Tex. 2011) (holding that defendant may be prevailing party when plaintiff nonsuits without prejudice if court determines, on defendant’s motion, that nonsuit was taken to avoid unfavorable ruling on merits).
discussed
Cited as authority (rule)
Cinco Ranch Village Square Association, LLC v. Anro Leasing, LLC
(2×)
also: Cited "see"
Epps v. Fowler, 351 S.W.3d 862, 869 (Tex. 2011).
discussed
Cited as authority (rule)
20100 Eastex, LLC v. Saltgrass, Inc.
(2×)
also: Cited "see, e.g."
Because the Eastex-Saltgrass contract did not define the term “prevailing party,” Texas law “give[s] the term its ordinary meaning.” Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011).
cited
Cited as authority (rule)
EOG Resources, Inc. v. CNH Enterprise Holdings, Ltd.
Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011); see Base, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2009) (“a main ingredient”; “the fundamental part of something”).
discussed
Cited as authority (rule)
Andrew Toscano v. Kimberly D. Brown and Douglas Welch
(2×)
also: Cited "see"
Therefore, Plaintiff will not appear on November 12, 2024.” In response to the Estate’s letter, Brown and Welch sent a letter arguing that, notwithstanding the Estate’s nonsuit, the trial court was authorized to award attorney’s fees under the UDJA and also under the Texas Supreme Court’s precedent in Epps v. Fowler, 351 S.W.3d 862, 870 (Tex. 2011).
discussed
Cited as authority (rule)
Champion AC, LLC D/B/A Mr. Plumbers v. Sagray Enterprises, Inc.
P. 162 (providing plaintiff may file notice of dismissal or nonsuit at any time before introduction of all evidence other than rebuttal evidence); Epps v. Fowler, 351 S.W.3d 862, 868 (Tex. 2011) (“In -2- 04-25-00363-CV Texas, plaintiffs may nonsuit at any time before introducing all of their evidence other than rebuttal evidence” and “[n]o court order is required” (emphasis added) (citing TEX.
discussed
Cited as authority (rule)
Reed v. Rook TX
P. 162; Epps v. Fowler, 351 S.W.3d 862, 868 (Tex. 2011) (observing that timely nonsuit is effective upon filing and “[n]o court order is required”). 7 Fourth Am.
cited
Cited as authority (rule)
In Re AstraZeneca Pharmaceuticals LP v. the State of Texas
E.g., Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011) (so holding).
cited
Cited as authority (rule)
Walgreens v. Pamela McKenzie
Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011); see Base, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2009) (“a main ingredient”; “the fundamental part of something”).
cited
Cited as authority (rule)
Vanessa Colley v. John S. Colley. III (Concurring in part)
Auth. v. Outfront Media, LLC, 146 N.E.3d 906 , 914 (Ind. 2020); Epps v. Fowler, 351 S.W.3d 862, 869 (Tex. 2011).
discussed
Cited as authority (rule)
Vanessa Colley v. John S. Colley. III
This is explained in a plain- spoken way by former Texas Chief Justice Nathan Hecht in dissent, after his colleagues had held that, when the plaintiff nonsuits a case without prejudice, a defendant can be considered a prevailing party entitled to attorney fees only if “the plaintiff took the nonsuit in order to avoid an unfavorable judgment.” Epps v. Fowler, 351 S.W.3d 862, 864 (Tex. 2011).
discussed
Cited as authority (rule)
Roger Koeppe and Improvements Inside and Out, Inc. v. Perry Electrical Constructors, LLC D/B/A Conroe Empire Electric
Epps v. Fowler, 351 S.W.3d 862, 868-69 (Tex. 2011) (citing Klein v. Dooley, 949 S.W.2d 307, 307 (Tex. 1997)) (explaining that res judicata has not occurred if a party or suit is dismissed without prejudice, or if plaintiff takes voluntary nonsuit).
cited
Cited as authority (rule)
TL II Apartments, LLC v. a & a Masonry, Inc.
Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011); Tellepsen Builders, L.P. v. Kendall/Heaton Assocs., Inc., 325 S.W.3d 692, 695 (Tex. App.—Houston [1st Dist.] 2010, pet. denied).
cited
Cited as authority (rule)
Adnan Khalid Jafar, Individually and Derivatively on Behalf of Beaches & Beaches, Inc. Dba Port Shamrock v. Beaches & Beaches, Inc. Dba Port Shamrock, Mehboob Ali Mohammed, Sarfaraz Mohammed and Aliakbar Mohammed
Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011).
discussed
Cited as authority (rule)
SJF Forest Lane, LLC, a Delaware Limited Liability Company, and HSB Forest Lane, LLC, a Delaware Limited Liability Company, Successors-In-Interest to FL Associates, LLC, a Delaware Limited Liability Company v. Trina Phan
Appellants argue, “In the context of a request for attorney’s fees pursuant to a contract, a defendant may be a prevailing party when a plaintiff nonsuits without prejudice if the nonsuit was taken to avoid an unfavorable ruling on the merits.” They cite Epps v. Fowler, 351 S.W.3d 862, 870 (Tex. 2011).
discussed
Cited as authority (rule)
Vibra Rehabilitation Hospital of El Paso, LLC D/B/A Highlands Rehabilitation Hospital, Sabra Texas Holdings, L.P. and Diana Schultz v. Ramiro Illarramendi, Jr.
Rather, the Plan here does not define “adopt.” “When a contract leaves a term undefined, we presume that the parties intended its plain, generally accepted meaning.” Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011).
discussed
Cited as authority (rule)
Texas Health and Human Services Commission v. Estate of Clyde L. Burt, Linda S. Wallace, and Linda S. Wallace
Ass’n, 511 S.W.3d 28, 35 (Tex. 2017) (citing Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011)). 24 Home, Webster’s Third New International Dictionary 1082 (2002). 25 Home, The American Heritage Dictionary of the English Language 840 (5th ed. 2022). 8 however, one must occupy it.
cited
Cited as authority (rule)
Eva Casas v. Castano Enterprises, LLC D/B/A Cube Investments
Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011); Intercont’l Grp.
cited
Cited as authority (rule)
Bagby 3015, LLC v. Bagby House, LLC, Taste Bar & Kitchen LLC, and All Others Occupants of 3015 Bagby, Houston, Texas 77006
To make that determination, the trial court considers factors that “signal that the defendant has prevailed over the plaintiff.” Id. at 871.
cited
Cited as authority (rule)
Plan B. Holdings, LLC CIPE Real Estate Solutions, LLC And Cheryl Cox v. RSLLP, F/K/A Reed & Scardino LLP
Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011); Benge v. Thomas, No. 13-18-00619-CV, 2020 WL 5054800 , at *16 (Tex. App.—Corpus Christi–Edinburg Aug. 27, 2020, no pet.) (mem. op.).
discussed
Cited as authority (rule)
Montgomery v. State Farm LLoyds
Under Texas law, a movant may recover attorneys’ fees “only if specifically provided for by statute or contract.” Merritt Hawkins & Assoc., L.L.C. v. Gresham, 861 F.3d 143, 155 (5th Cir. 2017) (quoting Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011).
cited
Cited as authority (rule)
Dr. Gregory Milligan, M.D. and Chellse Gazda, M.D. v. Amber Mayhew, Keith Mayhew, and SSF Consulting LLC DBA Nanny Poppinz
Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011).
cited
Cited as authority (rule)
Pioneer Emerald Pointe, LLC v. Texmenian Contractors, LLC D/B/A Red Carpet Cleaning and Merge Management, LLC D/B/A Emerald Point Apartments
Under Texas law, “litigants may recover attorney’s fees only if specifically provided for by statute or contract.” Epps v. Fowler, 351 S.W.3d 862, 865 (Tex. 2011).
cited
Cited as authority (rule)
Freeport-Mcmoran Oil & Gas LLC and Ovintiv USA Inc. v. 1776 Energy Partners. LLC
Id. at 35 (citing Epps v. Fowler, 351 S.W.3d 862, 866 (Tex. 2011)). 11A verb used in its auxiliary form is commonly referred to as a modal auxiliary.
Retrieving the full opinion text from the archive…
Kachikwu ILLOH, M.D., Petitioner,
v.
Damita CARROLL and Karen Butler, Individually and as Representatives of the Estate of James Carroll, Respondents
v.
Damita CARROLL and Karen Butler, Individually and as Representatives of the Estate of James Carroll, Respondents
10-0748.
Texas Supreme Court.
Jun 24, 2011.
Nancy Bolin Broaddus, Smith & Smith, Charles B. Holm, Holm Bambace & McCabe LLP, Houston, for Kachikwu Il-loh, M.D., Christopher Bradshaw-Hull, Attorney at Law, Houston, for Damita Caroll.
Per Curiam.
Cited by 1 opinion | Published
Citer courts: Court of Appeals of Texas (4) · E.D. Texas (1)
PER CURIAM.
James Carroll suffered a stroke and received treatment from Dr. Kachikwu Illoh, an employee of The University of Texas Health Science Center — Houston (UTHSCH). After James Carroll died, allegedly because of septicemia caused by bed sores developed while under Illoh’s care, Damita Carroll and Karen Butler sued Illoh and another doctor. Illoh moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act, Tex. Civ. Prac. & Rem.Code § 101.106(f), claiming that the suit was based on conduct within the general scope of his employment and could have been brought against UTHSCH.
The trial court denied Illoh’s motion, and Illoh brought an interlocutory appeal under section 51.014(a)(5) and (8) of the Civil Practice and Remedies Code. The court of appeals held that Illoh did not show that Carroll and Butler’s claims could have been brought against UTHSCH, a requirement of section 101.106(f), and therefore affirmed the trial court’s denial of Illoh’s motion to dismiss. 321 S.W.3d 711, 717 (Tex.App.-Houston [14th Dist.] 2010).
While this case has been pending on appeal, we decided Franka v. Velasquez, 332 S.W.3d 367 (Tex.2011), which held, among other things, that a tort action “could have been brought under” the Tort Claims Act even if that tort action does not fall within the Act’s limited waiver of immunity. Id. at 375. In light of Franka, we grant Illoh’s petition for review, and without hearing oral argument, reverse the court of appeals’ judgment and remand the case to the court of appeals for further proceedings. Tex.R.App. P. 59.1.