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INTERCONTINENTAL GROUP v. KB HOME LONE STAR

No. 13-06-617-CV.

295 S.W.3d 668 (2007)

INTERCONTINENTAL GROUP PARTNERSHIP, Appellant, v. KB HOME LONE STAR LP, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

August 23, 2007.

Attorney(s) appearing for the Case

Edward C. Snyder, Jesse R. Castillo, Castillo Snyer, PC, San Antonio, David N. Calvillo, McAllen, for Appellant.

Diann M. Bartek, Renee A. Forinash McElhaney, Natalie L. Hall, Cox, Smith, Matthews, Inc., San Antonio, Andrew J. Yoder, Houston, for Appellee.

Before Justices YAÑEZ, BENAVIDES, and VELA.

MEMORANDUM OPINION

Memorandum Opinion by Justice BENAVIDES.

In this appeal, we must decide what constitutes a "prevailing party" in a breach of contract lawsuit. If a jury has found a defendant liable for breach, but does not award damages to the plaintiff, then has the plaintiff truly "prevailed?" This is not merely an abstract question of legal linguistics; it is a question with significant practical implications for the recovery of attorneys' fees. The...

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