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Click here for the full text of this decision FACTS:Diana Bankhead filed suit against Tim and Kim Maddox d/b/a Maddox Homes alleging breach of contract and other claims arising out of the construction of her home. The jury found Tim Maddox liable for breach of contract and awarded damages. However, in response to the charge question concerning the amount Bankhead should be awarded to compensate her for reasonable attorney’s fees she incurred, the jury answered zero. HOLDING:Affirmed. Bankhead argues that, having found Tim Maddox liable for breach of contract, and considering the evidence supporting the award of reasonable attorney’s fees, the jury was prohibited from awarding a zero amount in attorney’s fees. Maddox argues that Bankhead has waived the issue by inadequately briefing it. The Texas Rules of Appellate Procedure set forth the required contents and organization of an appellant’s brief. The appellant’s brief must state concisely all issues or points presented for review. An issue presented in an appellant’s brief is sufficient if it directs the attention of the appellate court to the error about which complaint is made. Maida v. Fire Ins. Exchange, 990 S.W.2d 836 (Tex. App. � Fort Worth 1999, no pet.). Moreover, in support of an issue, the appellant’s brief must contain a clear and concise argument containing appropriate citations to authority and to the record. Bankhead’s argument in support of her sole issue concerns the application of Texas Civil Practice and Remedies Code �38.001. Bankhead contends that “once the jury finds that a party should prevail on a claim upon which attorneys’ fees are mandated, the only question remaining for the jury is the reasonable value of the attorney’s fees and not whether they should be awarded.” The Residential Construction Liability Act conflicts with Texas Civil Practice and Remedies Code �38.001 in that the RCLA contains limitations to the recovery of attorney’s fees. None of the cases cited by Bankhead in her brief concern the recovery of attorney’s fees under the RCLA. In her sole issue, Bankhead claims, generally, an entitlement to attorney’s fees in an amount greater that the zero amount awarded by the jury. But Bankhead’s claim for attorney’s fees on appeal can only be understood when read in conjunction with her supporting argument. Bankhead’s argument and supporting authorities in her original brief ignore controlling law and proceed under the theory that, given the evidence concerning the reasonableness and necessity of Bankhead’s attorneys’ fees, once the jury found liability, the attorneys’ fees she sought “were mandated.” Once Maddox addressed the limitations on attorney’s fees pursuant to the RCLA, Bankhead sought to salvage the issue in her reply brief. However, as Bankhead neglected to raise the issue and address the controlling authority related thereto in her original brief, the court holds that she has waived the issue of her entitlement to attorney’s fees under the RCLA. Bankhead has not directed the court to any authority concerning exceptional circumstances applicable to this case, the possibility of which was referenced by the court in Krumb v. Porter, 152 S.W.2d 495 (Tex. Civ. App. San Antonio 1941, writ ref’d). The court is unaware of the existence of any such exceptional circumstances. OPINION:Worthen, C.J.; Worthen, C.J., Griffith and DeVasto, JJ., not participating.

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