plaintiffs breach of contract claim (Texas) · Go Syfert
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plaintiffs breach of contract claim in Texas

7 Texas opinions name it 1 courts 2002–2017 0 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 (8)

CaseFollowedCited
De La Rosa v. Kaplesgreen
texapp · 1991 · cited in 2 Texas opinions naming this issue, 2002–2008
2 sentences

2008De La Rosa v. Kaples, 812 S.W.2d 432, 434 (Tex.App.-San Antonio 1991, writ denied).

2002De La Rosa v. Naples, 812 S.W.2d 432, 434 (Tex.App.—San Antonio 1991, writ denied).

22
MBM Financial Corp. v. Woodlands Operating Co.green
tex · 2009 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017Corp., 292 S.W.3d at 670 (concluding that the trial court erred by allowing a recovery of attorney’s fees under the Declaratory Judgments Act when the claim was not one that was allowed based on the plaintiffs breach of contract claim or otherwise available at common law).

11
Judwin Properties, Inc. v. Griggs & Harrisongreen
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2017–2017
1 sentence

2017As such, when a plaintiffs breach of contract claim is based solely on restated allegations that an attorney failed to provide adequate (or any) legal services as agreed upon by the parties, the trial court may properly grant summary judgment on that claim based on improper fracturing. 7 See, e.g., Judtvin Properties, Inc. v. Griggs and Harrison, 911 S.W.2d 498, 506 (Tex.App.—Houston [1st.

11
Doss v. Homecomings Financial Network, Inc.green
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016Network, Inc., 210 S.W.3d 706, 712-14 (Tex.App.—Corpus Christi 2006, pet. denied) (affirming summary judgment on the plaintiffs money had and received claim but reversing the trial court’s award of attorney’s fees because the summary judgment was erroneous on the plaintiffs breach of contract claim, which was the “only pleaded claim that could sustain an award, of attorney’s fees”).

11
Holland v. Wal-Mart Stores, Inc.green
tex · 1999 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016When a party is not- entitled to attorney’s fees under -a statute as a matter of law, “the jury’s finding about , the amount of reasonable attorney’s fees is immaterial.” Holland v. Wal-Mart Stores, Inc., 1 S.W.3d 91, 94 (Tex.1999); see also Hall v. Hubco, Inc., 292 S.W.3d 22, 31 (Tex.App.—Houston [14th Dist.] 2006, pet. denied) (noting that a trial court may “sua sponte disregard a jury’s answer to an immaterial question”).

11
Hall v. Hubco, Inc.green
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016When a party is not- entitled to attorney’s fees under -a statute as a matter of law, “the jury’s finding about , the amount of reasonable attorney’s fees is immaterial.” Holland v. Wal-Mart Stores, Inc., 1 S.W.3d 91, 94 (Tex.1999); see also Hall v. Hubco, Inc., 292 S.W.3d 22, 31 (Tex.App.—Houston [14th Dist.] 2006, pet. denied) (noting that a trial court may “sua sponte disregard a jury’s answer to an immaterial question”).

11
Horizontal Holes, Inc. v. River Valley Enterprises, Inc.green
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Brockie v. Webb, 244 S.W.3d 905, 910 (Tex.App.-Dallas 2008, pet. denied); Horizontal Holes, Inc. v. River Valley Enterprises, Inc., 197 S.W.3d 834, 836 (Tex. App.-Dallas 2006, no pet.).In this case, Mr. Saxon asserted a breach of contract counterclaim against the Club for violating the Bylaws by, inter alia, charging improper fines.

11
Brockie v. Webbgreen
texapp · 2008 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Brockie v. Webb, 244 S.W.3d 905, 910 (Tex.App.-Dallas 2008, pet. denied); Horizontal Holes, Inc. v. River Valley Enterprises, Inc., 197 S.W.3d 834, 836 (Tex. App.-Dallas 2006, no pet.).In this case, Mr. Saxon asserted a breach of contract counterclaim against the Club for violating the Bylaws by, inter alia, charging improper fines.

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 (2)

CaseCitedYears
Klein v. Reynolds, Cunningham, Peterson & Cordell green
texapp · 1995
1 sentence

2017Dist.] 1995, no writ) (summary judgment proper against plaintiffs counterclaim of breach of contract for attorney’s alleged failure to provide adequate legal services since the contract claim is merely a restatement of the legal malpractice claim); Klein, 923 S.W.2d at 49 .

12017–2017
Liberty National Fire Insurance Co. v. Akin green
tex · 1996
1 sentence

2008Id. at 628 .

12008–2008

Where else courts name it

NY 13 (1988–2024) CT 7 (1997–2012) TX 7 (2002–2017) MA 4 (1990–2005) WV 3 (2010–2015) OH 3 (2003–2010) OR 3 (2004–2008) NC 2 (2012–2013) IL 2 (1999–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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