Arrow Marble, LLC v. Estate of Killion

HARVEY BROWN

Reversed and remanded.

Mark J. Zimmermann, Dealey, Zimmermann, Clark, Malouf & Blend, P.C., Dallas, TX, for Appellants. Laura Killion, Miller, SD, pro se.

HARVEY BROWN, Justice.

A Texas Theft Liability Act claim brought by the Estate of Rodney B. Killion against Equicap Investments, LLC was dismissed with prejudice for want of prosecution. Equicap had counterclaims pending against the Estate at the time of dismissal, including a breach-of-contract claim and a request for attorney's fees under the TTLA. Equicap presented evidence on its attorney's fees at the trial of the breach-of-contract claim, but the trial court denied the request.

In two issues, Equicap argues that (1) the trial court erred by not awarding it attorney's fees under the Texas Theft Liability Act and (2) the Estate waived any objection regarding segregation of attorney's fees by failing to object before judgment was rendered.

We reverse and remand.