[Download] "Heritage Resources" by Texas Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Heritage Resources
- Author : Texas Court of Appeals
- Release Date : January 13, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This is the second appeal in a dispute which has its genesis in the attempted removal of the operator of a Joint Operating Agreement. The factual basis of the underlying suit, aptly described as "marathon litigation," is thoroughly detailed in our original opinion and will not be repeated here. See Hill v. Heritage Resources, Inc., 964 S.W.2d 89, 107 (Tex.App.--El Paso 1997, pet. denied). Suffice it to say that our ultimate resolution of the damage award reduced Heritage's *fn1 recovery from some $83 million to slightly more than $8 million. We reversed and remanded the award of nearly $21 million in attorneys' fees because only the claim for declaratory judgment would support the award and the fees attributable to the declaratory judgment action had not been properly segregated. On remand, Heritage sought fees totaling $5,965,536.66 based on its 29.5 percent contingency contract with attorneys Stephen F. Malouf and Edward Wayne Malouf. This figure represents 29.5 percent of the original fee award. The trial court entered judgment awarding the Maloufs $25,000 in attorney's fees. This appeal follows.