,_ v - Fifth Court of Appeals

must segregate the recoverable fees from the nonrecoverable fees. Travelers
Indem. Co. v. Mayfield, 923 S. W.2d 590, 594 (Tex. 1996).
In order to recover appellate attorney's fees, a party must prove the
anticipated fees are reasonable. Siegler v. Williams, 658 S.W.2d 236, 241 (Tex.
App.-Houston 1983, no writ). There must be evidence of the reasonableness of
fees for appellate work to support an award of appellate attorney's fees. Pleasant
Hills Children's Home v. Nida, 596 S.W.2d 947, 953 (Tex. App.-Fort Worth
1980, no writ) (Attorney testified about the time it would take to appeal case to
Court of Appeals and Texas Supreme Court and what a reasonable fee would be
for the work).
Argument
Appellee does not provide any lodestar analysis for the attorney's fees requested
and awarded.
The only evidence of the claimed $61,848.47 in trial court attorney's fees is
a one paragraph affidavit filed by attorney Ryan C. Gentry of Nowak & Stauch,
LLP. CR. 78-79. The Gentry Affidavit does not contain any statement about the
number of hours worked, the amount of the hourly rates charged, the description
of the work performed, or state that the work performed was necessary. CR. 78-
79.
There are no billing records, representation agreements, invoices, fee
statements, or similar documents included in the summary judgment record.
APPELLANT'S BRIEF 31