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VARNER v. CARDENAS

No. 06-0212.

218 S.W.3d 68 (2007)

Jack N. VARNER and Joyce L. Varner, Petitioners, v. Jose L. CARDENAS and Gloria Cardenas, Respondents.

Supreme Court of Texas.

Rehearing Denied April 27, 2007.

Attorney(s) appearing for the Case

Roger Lee, Gibson & Hotchkiss, Roach & Davenport, Wichita Falls, TX, Lloyd Benson, Benson & Benson, Inc., Frederick, OK, for Petitioner.

Daniel L. Schaap, Robert Wade King, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, Mike Baskerville, Pruitt Friberg Baskerville & Heatly, Vernon, TX, for Respondent.

Randall K. Price, Cantey & Hanger, L.L.P., Dallas, Douglas C. Jeffrey III, Vernon, TX, for Other.

PER CURIAM.

We recently held in Tony Gullo Motors I, L.P. v. Chapa that a prevailing party must segregate recoverable from unrecoverable attorney's fees in all cases. 212 S.W.3d 299, 313 (Tex.2006). The court of appeals here correctly reversed and remanded for segregation; but as it defined recoverable fees too narrowly, we modify its judgment.

The Varners sold a ranch to the Cardenases in December 1997 in return...

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