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.