Young v. Qualls

Lewis Qualls sued Vernon Young for breach of their partnership agreement after Young instructed Qualls to vacate the property they were developing together for sale. The jury found that Young breached the partnership agreement and awarded Qualls $142,550 in damages. Pursuant to the parties agreement to submit the question of attorneys fees to the court for determination, the judge awarded Qualls $46,331.86 in attorneys fees. The court of appeals affirmed the jurys liability finding, but determined that the evidence supporting the jurys damage award was factually insufficient. ___ S.W.3d ___. The court suggested a remittitur reducing the damage award to $54,751.50, and Qualls agreed to the reduction. Id. Because we cannot tell whether the erroneous damages award affected the trial courts determination of attorneys fees, we reverse in part the court of appeals judgment and remand this case for a new trial on attorneys fees in accordance with our recent decision in Barker v. Eckman, 213 S.W.3d 306 (Tex. 2006).