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JAY FIKES AND ASSOCIATES v. WALTON

No. 8971.

578 S.W.2d 885 (1979)

JAY FIKES AND ASSOCIATES, d/b/a Kings Park Apartments, Appellant, v. Sherry Smith WALTON, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied April 2, 1979.

Attorney(s) appearing for the Case

Griffith & Brister, Bill H. Brister, Lubbock, for appellant.

Gerald L. Anderson Law Offices, Inc., Gerald L. Anderson, Lubbock, for appellee.

REYNOLDS, Justice.

An action for conversion of a tenant's property lead to a judgment for the value of the converted property, punitive damages and attorney's fees. The awards for actual and exemplary damages are sustainable; but, absent establishment of a contractual or statutory right to recover attorney's fees, the award therefor must be eliminated. Modified and affirmed.

Sherry Smith Walton occupied a unit of the Kings Park Apartments in Lubbock under...

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