pjc-family-2024-lib

A TTORNEY ’ S F EES

PJC 250.4

Segregation of fees. If necessary, a claimant must segregate recoverable from unrecoverable fees. Intertwined facts do not make unrecoverable fees recoverable; it is only when discrete legal services advance both a recoverable and unrecoverable claim that they are so intertwined that they need not be segregated. Tony Gullo Motors I, L.P. v. Chapa , 212 S.W.3d 299, 313–14 (Tex. 2006); see also Kinsel v. Lindsey , 526 S.W.3d 411, 427 (Tex. 2017); In re Estate of Vrana , 335 S.W.3d 322, 328 (Tex. App.—San Antonio 2010, pet. denied). Segregation of fees may be required on a claim-by-claim basis. Horizon Health Corp. v. Acadia Healthcare Co. , 520 S.W.3d 848, 884 (Tex. 2017) (no evidence to support breach of contract claim, but evidence supported Texas Theft Liability Act claim, so remanded for testimony segregating on a claim-by-claim basis); Chapa , 212 S.W.3d at 313–14. Any error in failing to segregate attorney’s fees is waived by a failure to object to the lack of segregation. Green International, Inc. v. Solis , 951 S.W.2d 384, 389 (Tex. 1997). Paralegal expenses. Concerning the inclusion of compensation for a legal assis tant’s work in an award of attorney’s fees, see Gill Savings Ass’n v. International Sup ply Co. , 759 S.W.2d 697 (Tex. App.—Dallas 1988, writ denied).

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