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In re A.B.P – Case Brief Summary (Texas)

In In re A.B.P., 291 S.W.3d 91, 98 (Tex. App.--Dallas 2009, no pet.), the appellate court stated that testimony from a party's attorney about fees is taken as true as a matter of law if the testimony "is not contradicted by any other witness and is clear, positive, direct, and free from contradiction." Id. at 98 (quoting Blockbuster, Inc. v. C-Span Entm't, Inc., 276 S.W.3d 482, 490 (Tex. App.--Dallas 2008, pet. granted, judgm't vacated w.r.m.)).

In that case, the mother's attorney testified regarding her experience in family law, the necessity of the mother's hiring her to defend the suit, her hourly rate, the total amount due as of the start of trial, the amount due at the end of trial, and the reasonableness and necessity of her fees. Id. at 99.

The appellate court found the attorney's testimony sufficient, specifically finding that father did not submit any controverting evidence or challenge the mother's request for attorney's fees or supporting evidence. Id.