severable claim (Texas) · Go Syfert
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severable claim in Texas

22 Texas opinions name it 3 courts 1967–2026 4 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Forlano v. Joynergreen
texapp · 1995 · cited in 3 Texas opinions naming this issue, 1999–2015
2 sentences

1999See, e.g., Forlano v. Joyner, 906 S.W.2d 118, 120 (Tex.App.—Houston [1st Dist.] 1995, no writ) (holding that transfer order under section 608 of probate code did not resolve a severable claim and therefore could never, by itself, be appealable under Crowson).

1999See, e.g., Forlano v. Joyner, 906 S.W.2d 118, 120 (Tex.App.-Houston [1st Dist.] 1995, no writ) (holding that transfer order under section 608 of probate code did not resolve a severable claim and therefore could never, by itself, be appealable under Crowson ).

33
Hopkins v. Hopkinsgreen
texapp · 1976 · cited in 3 Texas opinions naming this issue, 1983–2002
2 sentences

2002We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only.”); Hopkins v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.-Fort Worth 1976, writ dism’d) (“We reverse the judgment of the trial court insofar as it awards an amount as attorney’s fees, and sever the issues thereupon from all other aspects of the case; and as a severed case remand the same to the trial court for a new trial.”); Uhl v. Uhl, 524 S.W.2d 534, 539 (Tex.Civ.App.-Fort Worth 1975, no writ) (“We sever and reverse and remand the case upon the issue of reasonable amount to be allowed

2002We are authorized to sever the claim for attorney's fees and reverse and remand the judgment as to it only."); Hopkins v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.-Fort Worth 1976, writ dism'd) ("We reverse the judgment of the trial court insofar as it awards an amount as attorney's fees, and sever the issues thereupon from all other aspects of the case; and as a severed case remand the same to the trial court for a new trial."); Uhl v. Uhl, 524 S.W.2d 534, 539 (Tex.Civ.App.-Fort Worth 1975, no writ) ("We sever and reverse and remand the case upon the issue of reasonable amount to be allowed

33
Schecter v. Folsomgreen
texapp · 1967 · cited in 3 Texas opinions naming this issue, 1982–2002
2 sentences

2002We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only.”); Schec-ter v. Folsom, 417 S.W.2d 180, 184 (Tex.Civ.

2002We are authorized to sever the claim for attorney's fees and reverse and remand the judgment as to it only."); Schecter v. Folsom , 417 S.W.2d 180, 184 (Tex. Civ.

23
Weizhong Zheng v. Vacation Network, Inc. and Linh C. Dinhgreen
texapp · 2015 · cited in 2 Texas opinions naming this issue, 2022–2023
2 sentences

2023See Zheng v. Vacation Network, Inc., 468 S.W.3d 180, 188 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (remanding appellate attorney’s fees to the trial court for segregation of fees for successful claims, or to demonstrate why segregation is not required); Taylor Morrison of Tex., Inc. v. Fulcher, No. 13-20-00332-CV, 2022 WL 3092553 , at *7 (Tex. App.—Corpus Christi–Edinburg Aug. 4, 2022, no pet..) (mem. op.) (remanding to trial court on the “issue of conditional appellate attorney’s fees for a determination of the reasonable amount to be awarded to appellee given that appellant was part

2022Goldman v. Alkek, 850 S.W.2d 568 , 578–79 (Tex. App.—Corpus Christi–Edinburg 1993, no writ); see Weizhong Zheng v. Vacation Network, Inc., 468 S.W.3d 180, 188 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (remanding appellate attorney’s fees to the trial court for segregation of fees for successful claims, or to demonstrate why segregation 15 is not required); Pickett v. Keene, 47 S.W.3d 67, 78 (Tex. App.—Corpus Christi–Edinburg 2001, pet. dism’d) (“An appellee is not entitled to an award of appellate attorney’s fees for that portion of fees attributable to an unsuccessful defense of the

22
Zemaco, Inc. v. Navarrogreen
texapp · 1979 · cited in 2 Texas opinions naming this issue, 1983–2002
2 sentences

2002See also Zemaco, Inc. v. Navarro, 580 S.W.2d 616, 621 (Tex.Civ.App.-Tyler 1979, writ dism’d) (“The claim for attorney’s fees is a severable claim.

2002See Hall, supra, note 2. [4] See also Zemaco, Inc. v. Navarro, 580 S.W.2d 616, 621 (Tex.Civ.App.-Tyler 1979, writ dism'd) ("The claim for attorney's fees is a severable claim.

22
Great American Reserve Insurance Co. v. Brittongreen
tex · 1966 · cited in 5 Texas opinions naming this issue, 1967–2015
2 sentences

2002Such is true of each case cited by Brad ford: “The claim for attorney fees is a severable claim, and under Rule 503, Texas Rules of Civil Procedure, we are authorized to sever the claim and reverse the judgment as to it only, which we do.” Britton, 406 S.W.2d at 907 .

2002Such is true of each case cited by Bradford: "The claim for attorney fees is a severable claim, and under Rule 503, Texas Rules of Civil Procedure, we are authorized to sever the claim and reverse the judgment as to it only, which we do." Britton , 406 S.W.2d at 907 .

15
Leal v. Lealgreen
texapp · 1982 · cited in 3 Texas opinions naming this issue, 1983–2002
2 sentences

2002“The claim for attorney’s fees is a severable claim.” Leal, 628 S.W.2d at 171 . 4 With appellate courts consistently advising trial courts that a claim for attorney’s fees is a “severable” claim, it is little wonder that trial courts lost sight of the nuance that only appellate courts could do the severing.

2002"The claim for attorney's fees is a severable claim." Leal , 628 S.W.2d at 171 . (4) With appellate courts consistently advising trial courts that a claim for attorney's fees is a "severable" claim, it is little wonder that trial courts lost sight of the nuance that only appellate courts could do the severing.

13
Uhl v. Uhlgreen
texapp · 1975 · cited in 3 Texas opinions naming this issue, 1981–2002
2 sentences

2002We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only.”); Hopkins v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.-Fort Worth 1976, writ dism’d) (“We reverse the judgment of the trial court insofar as it awards an amount as attorney’s fees, and sever the issues thereupon from all other aspects of the case; and as a severed case remand the same to the trial court for a new trial.”); Uhl v. Uhl, 524 S.W.2d 534, 539 (Tex.Civ.App.-Fort Worth 1975, no writ) (“We sever and reverse and remand the case upon the issue of reasonable amount to be allowed

2002We are authorized to sever the claim for attorney's fees and reverse and remand the judgment as to it only."); Hopkins v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.-Fort Worth 1976, writ dism'd) ("We reverse the judgment of the trial court insofar as it awards an amount as attorney's fees, and sever the issues thereupon from all other aspects of the case; and as a severed case remand the same to the trial court for a new trial."); Uhl v. Uhl, 524 S.W.2d 534, 539 (Tex.Civ.App.-Fort Worth 1975, no writ) ("We sever and reverse and remand the case upon the issue of reasonable amount to be allowed

13
Wayne Ventling v. Patricia M. Johnsongreen
tex · 2015 · cited in 1 Texas opinions naming this issue, 2026–2026
1 sentence

2026See Ventling v. Johnson, 466 S.W.3d 143, 146, 152 (Tex. 2015) (treating “severable award of past attorney’s fees” as independently subject to post-judgment interest and separately determining date from which interest accrued).

11
Pickett v. Keenegreen
texapp · 2001 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022Goldman v. Alkek, 850 S.W.2d 568 , 578–79 (Tex. App.—Corpus Christi–Edinburg 1993, no writ); see Weizhong Zheng v. Vacation Network, Inc., 468 S.W.3d 180, 188 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (remanding appellate attorney’s fees to the trial court for segregation of fees for successful claims, or to demonstrate why segregation 15 is not required); Pickett v. Keene, 47 S.W.3d 67, 78 (Tex. App.—Corpus Christi–Edinburg 2001, pet. dism’d) (“An appellee is not entitled to an award of appellate attorney’s fees for that portion of fees attributable to an unsuccessful defense of the

11
H.E. Butt Grocery Co. v. Curriergreen
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Currier, 885 S.W.2d at 176 ; see also TEX.

11
F.F.P. Operating Partners, L.P. v. Duenezgreen
tex · 2007 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See F.F.P., 237 S.W.3d at 693 (“We have explained that avoiding prejudice, doing justice, and increasing convenience are the controlling reasons to allow a severance.”).

11
Rhoades v. Millergreen
texapp · 1967 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002We shall do the same in this case.”); Rhoades v. Miller, 414 S.W.2d 942, 945 (Tex.Civ.App.-Tyler 1967, no writ) ("In view of the fact that the claim for attorney’s fees is a severable claim, we are authorized to sever the claim and reverse the judgment as to it only, which we do.”).

2002We shall do the same in this case."); Rhoades v. Miller, 414 S.W.2d 942, 945 (Tex.Civ.App.-Tyler 1967, no writ) ("In view of the fact that the claim for attorney's fees is a severable claim, we are authorized to sever the claim and reverse the judgment as to it only, which we do.").

11
Cicero Smith Lumber Company v. Gastongreen
texapp · 1969 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only.”); Hopkins v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.-Fort Worth 1976, writ dism’d) (“We reverse the judgment of the trial court insofar as it awards an amount as attorney’s fees, and sever the issues thereupon from all other aspects of the case; and as a severed case remand the same to the trial court for a new trial.”); Uhl v. Uhl, 524 S.W.2d 534, 539 (Tex.Civ.App.-Fort Worth 1975, no writ) (“We sever and reverse and remand the case upon the issue of reasonable amount to be allowed

2002We are authorized to sever the claim for attorney's fees and reverse and remand the judgment as to it only."); Hopkins v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.-Fort Worth 1976, writ dism'd) ("We reverse the judgment of the trial court insofar as it awards an amount as attorney's fees, and sever the issues thereupon from all other aspects of the case; and as a severed case remand the same to the trial court for a new trial."); Uhl v. Uhl, 524 S.W.2d 534, 539 (Tex.Civ.App.-Fort Worth 1975, no writ) ("We sever and reverse and remand the case upon the issue of reasonable amount to be allowed

11
Woods Exploration & Producing Co. v. Arkla Equipment Co.green
tex · 1975 · cited in 1 Texas opinions naming this issue, 1992–1992
1 sentence

1992Woods Exploration and Producing Co. v. Arkla Equipment Co., 528 S.W.2d 568, 571 (Tex.1975); Pelto Oil Company v. CSX Oil & Gas Corp., 804 S.W.2d 583 (Tex.App.—Houston [1st Dist.] 1991, writ denied); Industrial Disposal Supply Co., Inc. v. Perryman Bros.

11
Huntley v. Huntleygreen
texapp · 1974 · cited in 1 Texas opinions naming this issue, 1983–1983
1 sentence

1983Woods Exploration & Producing Co., Inc. v. Arkla Equipment Co., supra at 571; Leal v. Leal, 628 S.W.2d 168, 171 (Tex.App.—San Antonio 1982, no writ); Saums v. Saums, 610 S.W.2d 242, 244 (Tex.Civ.App.—El Paso 1980, writ dism’d); Zemaco, Inc. v. Navarro, supra at 621; Hopkins *762 v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.—Fort Worth 1976, writ dism’d); Huntley v. Huntley, 512 S.W.2d 767, 771 (Tex.Civ.App.—Austin 1974, no writ).

11
Saums v. Saumsgreen
texapp · 1980 · cited in 1 Texas opinions naming this issue, 1983–1983
1 sentence

1983Woods Exploration & Producing Co., Inc. v. Arkla Equipment Co., supra at 571; Leal v. Leal, 628 S.W.2d 168, 171 (Tex.App.—San Antonio 1982, no writ); Saums v. Saums, 610 S.W.2d 242, 244 (Tex.Civ.App.—El Paso 1980, writ dism’d); Zemaco, Inc. v. Navarro, supra at 621; Hopkins *762 v. Hopkins, 539 S.W.2d 242, 249 (Tex.Civ.App.—Fort Worth 1976, writ dism’d); Huntley v. Huntley, 512 S.W.2d 767, 771 (Tex.Civ.App.—Austin 1974, no writ).

11
Tec Electric Co. v. AMFAC Distribution Corp.green
texapp · 1979 · cited in 1 Texas opinions naming this issue, 1981–1981
1 sentence

1981We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only, (citations omitted) Accord, TEC Electric Co. v. AMFAC Distribution Corp., 581 S.W.2d 508, 512 (Tex.Civ.App.1979, no writ); Uhl v. Uhl, 524 S.W.2d 534 (Tex.Civ.App.1975, no writ); Stein v. Lewisville Independent School District, 481 S.W.2d 436 (Tex.Civ.App.1972, writ ref’d n. r. e.), cert. denied, 414 U.S. 948 , 94 S.Ct. 272 , 38 L.Ed.2d 203 (1973).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Burke & Aitcheson v. Adoue & Lobit green
texapp · 1893
2 sentences

1990However, a plaintiff can not amend so as to confer jurisdiction by waiving a portion only of a severable claim, or by arbitrarily reducing the alleged value of property or services to reduce his claim to an amount within the court’s jurisdiction, Burke v. Adoue, supra. In Burke v. Adoue, 22 S.W. 824 (Tex.Civ.App.—Galveston 1893, no writ), suit was upon a note with a balance due of $938.58, plus an attorney’s fee of 10% which was in excess of the Court’s jurisdiction of $1,000.00.

1984Williams v. Trinity Gravel Co., 297 S.W. 878 (Tex.Civ.App.—Eastland 1927, no writ), Burke v. Adoue, 3 Tex.Civ.App. 494 , 22 S.W. 824 modified on rehearing, 23 S.W. 91 (1893). *909 However, a plaintiff cannot amend so as to confer jurisdiction by waiving a portion only of a severable claim, or by arbitrarily reducing the alleged value of property or services to reduce his claim to an amount within the court’s jurisdiction, Burke v. Adoue, supra. The question for determination is whether or not incremental attorney’s fees on appeal are a severable claim for jurisdictional purposes.

31984–1991
Goldman v. Alkek green
texapp · 1993
2 sentences

2022Goldman v. Alkek, 850 S.W.2d 568 , 578–79 (Tex. App.—Corpus Christi–Edinburg 1993, no writ); see Weizhong Zheng v. Vacation Network, Inc., 468 S.W.3d 180, 188 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (remanding appellate attorney’s fees to the trial court for segregation of fees for successful claims, or to demonstrate why segregation 15 is not required); Pickett v. Keene, 47 S.W.3d 67, 78 (Tex. App.—Corpus Christi–Edinburg 2001, pet. dism’d) (“An appellee is not entitled to an award of appellate attorney’s fees for that portion of fees attributable to an unsuccessful defense of the

2000Id. at 579 .

22000–2022
Asai v. Vanco Insulation Abatement, Inc. green
texapp · 1996
2 sentences

2002“The claim for attorney’s fees is a severable claim and we are authorized to sever the claim and reverse and remand the judgment only insofar as it pertains to attorney’s fees.” ASAI, 932 S.W.2d at 124 .

2002"The claim for attorney's fees is a severable claim and we are authorized to sever the claim and reverse and remand the judgment only insofar as it pertains to attorney's fees." ASAI , 932 S.W.2d at 124 .

22002–2002
Industrial Disposal Supply Co. v. Perryman Bros. Trash Service, Inc. green
texapp · 1983
2 sentences

2002“The claim for attorney’s fees is a severable claim and we are authorized to sever the claim and reverse and remand the judgment only insofar as it pertains to attorney’s fees.” Industrial Disposal Supply, 664 S.W.2d at 761 .

2002"The claim for attorney's fees is a severable claim and we are authorized to sever the claim and reverse and remand the judgment only insofar as it pertains to attorney's fees." Industrial Disposal Supply , 664 S.W.2d at 761 .

22002–2002
International Ass'n of Firefighters Local 624 v. City of San Antonio green
texapp · 1991
2 sentences

2002“We sever, reverse, and remand that portion of the judgment which denied attorney’s fees to plaintiffs....” International Ass’n of Firefighters, 822 S.W.2d at 132 .

2002"We sever, reverse, and remand that portion of the judgment which denied attorney's fees to plaintiffs . . . ." International Ass'n of Firefighters , 822 S.W.2d at 132 .

22002–2002
Pelto Oil Co. v. CSX Oil & Gas Corp. green
texapp · 1991
1 sentence

1992Woods Exploration and Producing Co. v. Arkla Equipment Co., 528 S.W.2d 568, 571 (Tex.1975); Pelto Oil Company v. CSX Oil & Gas Corp., 804 S.W.2d 583 (Tex.App.—Houston [1st Dist.] 1991, writ denied); Industrial Disposal Supply Co., Inc. v. Perryman Bros.

11992–1992
Williams v. Trinity Gravel Co. green
texapp · 1927
1 sentence

1984Williams v. Trinity Gravel Co., 297 S.W. 878 (Tex.Civ.App.—Eastland 1927, no writ), Burke v. Adoue, 3 Tex.Civ.App. 494 , 22 S.W. 824 modified on rehearing, 23 S.W. 91 (1893). *909 However, a plaintiff cannot amend so as to confer jurisdiction by waiving a portion only of a severable claim, or by arbitrarily reducing the alleged value of property or services to reduce his claim to an amount within the court’s jurisdiction, Burke v. Adoue, supra. The question for determination is whether or not incremental attorney’s fees on appeal are a severable claim for jurisdictional purposes.

11984–1984
Stein v. Lewisville Independent School District green
texapp · 1972
1 sentence

1981We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only, (citations omitted) Accord, TEC Electric Co. v. AMFAC Distribution Corp., 581 S.W.2d 508, 512 (Tex.Civ.App.1979, no writ); Uhl v. Uhl, 524 S.W.2d 534 (Tex.Civ.App.1975, no writ); Stein v. Lewisville Independent School District, 481 S.W.2d 436 (Tex.Civ.App.1972, writ ref’d n. r. e.), cert. denied, 414 U.S. 948 , 94 S.Ct. 272 , 38 L.Ed.2d 203 (1973).

11981–1981
Stein v. Lewisville Independent School District neutral
scotus · 1973
2 sentences

1981We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only, (citations omitted) Accord, TEC Electric Co. v. AMFAC Distribution Corp., 581 S.W.2d 508, 512 (Tex.Civ.App.1979, no writ); Uhl v. Uhl, 524 S.W.2d 534 (Tex.Civ.App.1975, no writ); Stein v. Lewisville Independent School District, 481 S.W.2d 436 (Tex.Civ.App.1972, writ ref’d n. r. e.), cert. denied, 414 U.S. 948 , 94 S.Ct. 272 , 38 L.Ed.2d 203 (1973).

1981We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only, (citations omitted) Accord, TEC Electric Co. v. AMFAC Distribution Corp., 581 S.W.2d 508, 512 (Tex.Civ.App.1979, no writ); Uhl v. Uhl, 524 S.W.2d 534 (Tex.Civ.App.1975, no writ); Stein v. Lewisville Independent School District, 481 S.W.2d 436 (Tex.Civ.App.1972, writ ref’d n. r. e.), cert. denied, 414 U.S. 948 , 94 S.Ct. 272 , 38 L.Ed.2d 203 (1973).

11981–1981
Cinema Classics, Ltd., Inc., Et Al. v. Busch, District Attorney of Los Angeles County, Et Al. neutral
scotus · 1973
1 sentence

1981We are authorized to sever the claim for attorney’s fees and reverse and remand the judgment as to it only, (citations omitted) Accord, TEC Electric Co. v. AMFAC Distribution Corp., 581 S.W.2d 508, 512 (Tex.Civ.App.1979, no writ); Uhl v. Uhl, 524 S.W.2d 534 (Tex.Civ.App.1975, no writ); Stein v. Lewisville Independent School District, 481 S.W.2d 436 (Tex.Civ.App.1972, writ ref’d n. r. e.), cert. denied, 414 U.S. 948 , 94 S.Ct. 272 , 38 L.Ed.2d 203 (1973).

11981–1981
Pan American Petroleum Corporation v. Texas Pacific Coal & Oil Company green
tex · 1959
2 sentences

1977Pan American Petroleum Corp. v. Texas Pacific Goal and Oil Co., 159 Tex. 550 , 324 S.W.2d 200 (1959).

1977Pan American Petroleum Corp. v. Texas Pacific Goal and Oil Co., 159 Tex. 550 , 324 S.W.2d 200 (1959).

11977–1977
Seabrook Land Company v. Lipscomb green
texapp · 1960
11969–1969
Jordan v. City of Beaumont green
texapp · 1960
1 sentence

1969Jordan v. City of Beaumont, 337 S.W.2d 115 (Beaumont, Tex.Civ.App., 1960, error ref. n. r. e.); Seabrook Land Co. v. Lipscomb, 331 S.W.2d 429 (Houston, Tex.Civ.App., 1960, no writ); Shirey v. Harris, 288 S.W.2d 315 (Ft.

11969–1969
Shirey v. Harris green
texapp · 1956
11969–1969

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