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FITZGERALD v. SCHROEDER VENTURES II, LLC

No. 04-10-00371-CV.

345 S.W.3d 624 (2011)

Wade P. FITZGERALD and Minot Tully Pratt, IV and Michael G. Panzarella, as Trustee of the MTPIV Trust and Cinco Family Trust, Appellants, v. SCHROEDER VENTURES II, LLC, Appellee.

Court of Appeals of Texas, San Antonio.

April 6, 2011.

Attorney(s) appearing for the Case

Beth Watkins Squires , Law Office of Beth Squires, Jeff Small , Law Office of Jeff Small, San Antonio, TX, for Appellant.

G. Thomas Coghlan , Langley & Banack, Inc., San Antonio, TX, for Appellee.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice and MARIALYN BARNARD, Justice.

OPINION

Opinion by: KAREN ANGELINI, Justice.

The issue presented in this appeal is whether defendants who successfully defended claims arising from a real estate transaction should have been awarded attorney's fees and costs under the parties' earnest money contract. The trial court refused to award attorney's fees and costs under the contract, relying on the Texas Supreme Court's decision in Intercontinental Group P'ship v. KB Home Lone Star, L.P.,<...

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