pjc-oil-and-gas-2022-lib

PJC 313.33

D AMAGES

ing defenses or counterclaims to a claim for which attorney’s fees are recoverable. Varner v. Cardenas , 218 S.W.3d 68, 69 (Tex. 2007). Segregation of fees may be required on a claim-by-claim basis. See Horizon Health Corp. v. Acadia Healthcare Co. , 520 S.W.3d 848, 884 (Tex. 2017) (no evidence to support breach of contract claim, but evidence supported Texas Theft Liability Act claim so remand for testi mony segregating on a claim-by-claim basis); Chapa , 212 S.W.3d at 313–14. Any error in failing to segregate attorney’s fees is waived by a failure to object to the lack of apportionment. Green International, Inc. v. Solis , 951 S.W.2d 384, 389 (Tex. 1997). Accordingly, the question to be submitted may vary from the pattern above in cases involving multiple claims where fees are not recoverable under one or more of the claims or where there are multiple defendants who may not be charged with fee shifting.

270