Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Extended Search
Generic filters
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type

Cullins v. Foster – Case Brief Summary (Texas)

In Cullins v. Foster, 171 S.W.3d 521 (Tex. App.--Houston 14th Dist. 2005, pet. denied), the Fourteenth Court of Appeals held that a jury's attorney's fees award of $5,000 was "so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust." 171 S.W.3d at 540.

Foster's attorney testified that his rate was $200 an hour and that a reasonable attorney's fee for the hours he worked would be $46,225.05. Id. at 537.

However, the jury awarded Foster $5,000 in attorney's fees. Id. at 539.

The Court held that, even though the attorney's testimony failed to establish the reasonableness of the fee as a matter of law, the award was contrary to the "overwhelming weight of the evidence" because no evidence cast doubt on the $200 hourly fee. Id. at 539-540.