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ARROW MARBLE, LLC v. ESTATE OF KILLION

No. 01-12-01133-CV.

441 S.W.3d 702 (2014)

ARROW MARBLE, LLC, Arrow Mirror and Glass, Inc, and Equicap Investments, LLC, Appellants v. ESTATE OF Rodney B. KILLION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

July 1, 2014.

Attorney(s) appearing for the Case

Mark J. Zimmermann , Dealey, Zimmermann, Clark, Malouf & Blend, P.C., Dallas, TX, for Appellants.

Laura Killion, Miller, SD, pro se.

Panel consists of Justices KEYES, BLAND, and BROWN.

OPINION

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...

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