Affordable Motor Co., Inc. v. LNA, LLC
In Affordable Motor Co., Inc. v. LNA, LLC, 351 S.W.3d 515, 522 (Tex. App.--Dallas 2011, pet. denied), the appellee requested the trial court award it $28,500 in attorney's fees and conditional appellate fees. Id. at 522.
The court awarded $1,800 in attorney's fees through trial and $9,000 in conditional appellate fees. Id. at 519.
The Court concluded that appellant's opposing affidavit stating that an award of fees "should be no more than $1,800, and conditional appellate fees should be no more than $4,000 and $5,000 for an appeal to the court of appeals and the supreme court respectively," created a fact issue on the proper amount of fees rather than establishing those amounts as a matter of law. Id. at 522.
Although the Court also noted that the appellee did not seek summary judgment on the attorney's fees issue in the trial court, the absence of that ground in the summary judgment motion was not the basis of our decision to reverse the award.