Hearsay - Hearsay is an out of court statement, other than one made by the declarant, offered to prove the truth of the matter asserted. Tex. R. Evid. 801(d). Hears...
3 days ago
Legal Blog ("Blawg") on Causes of Action and Affirmative Defenses in Texas -- with Caselaw Snippets from Recent Court of Appeals Opinions
Chapa, 212 S.W.3d at 314 (emphasis added).There may, of course, be some disputes about fees that a trial or appellate court should decide as a matter of law. For example, to prevail on a contract claim a party must overcome any and all affirmative defenses (such as limitations, res judicata, or prior material breach), and the opposing party who raises them should not be allowed to suggest to the jury that overcoming those defenses was unnecessary. But when, as here, it cannot be denied that at least some of the attorney's fees are attributable only to claims for which fees are not recoverable, segregation of fees ought to be required. . . .