Quintanilla v. ANG Rental Holdings, provides a cautionary note about proving up attorneys’ fees, even in the relative informality of a bench trial on frequently litigated issues:

  • The appeal arose from a de novo retrial, to the bench, of an FED action in county court; as a result, “an appellant may raise a no-evidence point for the first time on appeal.”
  • The record was silent as to (a) an 11-day notice required by the statute allowing fee recovery, and more basically (b) “no evidence of a written lease that entitles ANG to recover attorney’s fees.”
  • Why? Because “the lease agreement was excluded from evidence because of the [tenants’] objection, and ANG made no according offer of proof or bill of exception.”

No. 05-20-00062-CV (Aug. 16, 2021) (mem. op.).

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