Marker v. Garcia

Adolfo Garcia and Lidia Garcia sued Franklin Marker, III, for various claims arising out of a transaction involving a contract for deed. The trial court granted summary judgment in favor of Marker with regard to the merits of the Garcias claims and then entered a final summary judgment after awarding Marker attorneys fees. The Garcias challenge the summary judgment on appeal asserting: (1) summary judgment was improperly granted in favor of Marker as to the Garcias claims alleging a violation of section 5.077 of the Texas Property Code and a breach of warranty; and (2) no statutory basis supported the attorneys fees awarded or, in the alternative, Marker failed to segregate the recoverable fees. We affirm the portion of the trial courts judgment dismissing the Garcias breach of warranty claim, reverse the portions of the trial courts judgment dismissing the Garcias claim alleging a violation of section 5.077 of the Code and awarding attorneys fees, and remand the cause for further proceedings consistent with this opinion.