Perry & Perry Builders, Inc. v. Galvan

In Perry & Perry Builders, Inc. v. Galvan, No. 03-02-00091-CV (Tex.App.--Austin 2003, no pet.), the Austin Court of Appeals concluded that "attorney's fees were available for a claim that construction trust funds were misapplied if the relief requested is compensation for work performed or materials supplied." The Perry court reasoned that, because the relief requested for misapplication of trust funds was similar to the requested relief under the Plaintiff's quantum meruit theory, i.e., payment for work performed, the Plaintiff was entitled to the recovery of attorney's fees. However, because the court was reversing the misapplication recovery and remanding the claim for further proceedings, the court also reversed the attorney's fee award based in part on that theory.