,_ v - Fifth Court of Appeals

The Gentry Affidavit does not contain any lodestar analysis whatsoever.
CR. 78-79. The Affidavit is completely devoid of any testimony about the total
number of hours worked, who performed the work, the expertise of the attorney(s)
who performed the work, the amount of the hourly rates charged, descriptions of
the work performed, or a statement that the work performed was necessary. The
Gentry Affidavit also contains no testimony about the complexity of the issues
involved or the attorney's inability to accept other legal work due to this case. The
only fact in the Gentry Affidavit is the bare-bones assertion that the fees are
" ... related to research, pleadings, and appearances in this matter." CR. 78-79.
On its face, the Affidavit is factually and legally insufficient to support an
award of attorney's fees. General Motors Corp. v. Bloyed, 916 S.W.2d 949, 960
(Tex. 1996).
Appellee failed to segregate attorney's fees among parties or claims.
The Gentry Affidavit also failed to segregate attorney's fees or make any
statement that various claims were intertwined so that they need not be segregated.
CR. 78-79. Appellant alleged numerous causes of action against multiple
defendants (some of which allow a recovery of attorney's fees and some of which
do not): breach of contract, fraud, fraud in the inducement, fraud by non­
disclosure, negligent misrepresentation, conversion, money had and received,
fraudulent transfer, constructive trust, request for a temporary injunction, request
for a permanent injunction, and alter ego.
APPELLANT'S BRIEF 32