In Capital Metro v. Central of Tennessee Railway and Navigation Co., 114 S.W.3d 573 (Tex. App.-Austin 2003,pet. denied), the jury found that both parties breached the contract but that Longhorn's breach was excused. The jury awarded Longhorn in excess of one million dollars in lost profits and its attorney's fees. Id. at 576. The court of appeals held that Longhorn did not present legally sufficient evidence of its lost profits and reversed the award. Because Longhorn was not entitled to any damages, the court of appeals held it was likewise not entitled to its attorney's fees. Id. at 583.