Bair Chase Property Company, LLC v. S&K Development Company, Inc‪.‬

Appellants Bair Chase Property Company ("BCPC"), Kenneth A. Barfield, and Western Property Development Company ("Western Property") (collectively, "Bair Chase"), appeal from a summary judgment granted in favor of S&K Development Company ("S&K"), as well as an award of attorneys fees to S&K. S&K initially brought suit against Bair Chase to recover on a promissory note and guaranty agreement. In response, Bair Chase brought a counterclaim for usury, leading S&K to take corrective action under the Texas Finance Code. S&K then filed a traditional motion for summary judgment on the note and a no-evidence motion for summary judgment on the usury counterclaim. The trial court granted both motions and awarded S&K attorneys fees and costs. Because we have determined that the trial court did not err in granting summary judgment, we affirm the trial courts order in that respect. However, because S&K failed to segregate its attorneys fees, the award of attorneys fees is reversed and remanded for a redetermination after fees incurred by S&K in correcting alleged usury violations are segregated from fees incurred in pursuing S&Ks recovery on the note.