Jose G. Garcia v. Fabricio & Michele Solorio

Reversed and Remand and Opinion Filed July 7, 2014
SIn The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00577-CV
JOSE G. GARCIA, Appellant
V.
FABRICIO & MICHELE SOLORIO, Appellees
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 11-10644
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Bridges
Jose G. Garcia appeals the trial court’s judgment awarding him $9167.51 in damages but
awarding zero attorney’s fees. In a single issue, Garcia argues the trial court erred in failing to
award him attorney’s fees. We reverse the trial court’s judgment and remand for further
proceedings consistent with this opinion.
In August 2011, Fabricio and Michele Solorio sued Garcia, alleging the Solorios and
Garcia were the “governing persons” of TFC Group, L.L.C., and they were “deadlocked in the
management of the entity’s affairs.” Because of the deadlock, the Solorios alleged the property,
contracts, and assets of TFC were being misapplied or wasted. The Solorios requested the
appointment of a receiver, a temporary injunction, and a permanent injunction. The litigation
proceeded, resulting in the appointment of a receiver in September 2011. In January 2012, the
parties entered a Rule 11 agreement setting forth the manner in which TFC’s remaining business
would be distributed and its business affairs wound up. Among other things, the agreement
conveyed to Solorio the rights to TFC’s name, website, and email in exchange for $35,000. In
June 2012, the receiver submitted his report indicating the Solorios owed Garcia $9167.51.
However, the Solorios did not pay, and the trial court held a trial on this breach of the settlement
agreement. At trial, Garcia’s attorney testified Garcia had incurred $75,000 in legal expenses
since the inception of the lawsuit, $25,000 of which was incurred since June 2012 when the
receiver submitted his report. Following the trial, the trial court entered judgment in favor of
Garcia awarding him $9167.51 in actual damages but awarding him zero attorney’s fees. This
appeal followed.
In a single issue, Garcia argues the trial court erred in failing to award attorney’s fees.
Garcia points to the trial court’s findings of fact that the Solorios failed to comply with the
parties’ agreement and Garcia suffered damages in the amount of $9167.51 as a result. Garcia
argues this breach of contract entitled him to the award of attorney’s fees.
A person may recover reasonable attorney’s fees . . . In addition to the amount of a valid
claim and costs, if the claim is for . . . an oral or written contract. Tex. Civ. Prac. & Rem. Code
§38.001(8). If attorney’s fees are proper under section 38.001(8), the trial court has no discretion
to deny them. Smith v. Patrick W.Y. Tam Trust, 296 S.W.3d 545, 547 (Tex. 2009) (citing
Bocquet v. Herring, 972 S.W.2d 19, 20 (Tex. 1998). Garcia presented evidence on attorney’s
fees at trial. We note Garcia’s recovery was $9167.51 in actual damages. One of the factors in
determining the reasonableness of attorney’s fees is the amount of damages awarded. Id. at 548.
We leave this determination to the trial court. See id. We sustain Garcia’s issue.
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We reverse the trial court’s judgment to the extent it fails to award attorney fees and
remand this cause to the trial court for new trial on the issue of attorney fees.
130577F.P05 /David L. Bridges/
DAVID L. BRIDGES
JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOSE G. GARCIA, Appellant On Appeal from the 160th Judicial District
Court, Dallas County, Texas
No. 05-13-00577-CV V. Trial Court Cause No. 11-10644.
Opinion delivered by Justice Bridges.
FABRICIO & MICHELE SOLORIO, Justices Francis and Lang-Miers
Appellee participating.
In accordance with this Court’s opinion of this date, the judgment of the trial court is
REVERSED and this cause is REMANDED to the trial court for new trial on the issue of
attorney’s fees.
It is ORDERED that each party bear its own costs of this appeal.
Judgment entered July 7, 2014
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