Fitzgerald, et al. v. Schroeder Ventures II LLC

The issue presented in this appeal is whether defendants who successfully defended claims arising from a real estate transaction should have been awarded attorney's fees and costs under the parties' earnest money contract. The trial court refused to award attorney's fees and costs under the contract, relying on the Texas Supreme Court's decision in Intercontinental Group P'Ship v. KB Home Lone Star (2009). Intercontinental is not applicable here. Under the plain, ordinary and generally accepted language of the earnest money contract, defendants were entitled to recover their attorney's fees and costs from the plaintiff because they were prevailing parties in this legal proceeding. Accordingly, the trial court erred in refusing to award attorney's fees and costs to defendants. The trial court's judgment is reversed. San Antonio Court of Appeals, No. 04-10-00371-CV, 04-06-2011