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Click here for the full text of this decision FACTS:M.J. Naschke Public Relations was hired by Gulf Coast Conference to arrange advertising for its International Wellness Conference. Mary Jo Naschke, the public relations firm president, contracted with the Houston Chronicle for a series of ads, which was never paid for. The paper sued Gulf Coast and its president, Bob Kibler, and Naschke. Naschke countersued the paper, and filed cross-claims against Gulf Coast and Kibler. Naschke settled her claims with the paper, and she won a jury verdict against the remaining defendants for attorneys’ fees. The trial court, however, granted a judgment notwithstanding the verdict, entering a take-nothing judgment against Naschke. On appeal, Naschke argues Texas law allows for the recovery of attorneys’ fees based on a third-party’s wrongful act. HOLDING:Affirmed. The court notes that Restatement (Second) of Torts �914 partially supports Naschke’s argument, but it has not been adopted by the Texas Legislature. “Because we are bound to follow the existing laws of the State, we are not at liberty to adopt a theory of recovery that has not been enacted by the Legislature or adopted by the Texas Supreme Court. Moreover, even if section 914 had been adopted in Texas, it allows attorney’s fees to be recovered only where they have been incurred due to the tort of another, . . . as contrasted from any ‘wrongful act,’ as provided in the charge. Because the charge did not define ‘wrongful act,’ it essentially authorized the jury to award attorney’s fees for any act it considered wrongful, whether or not that act is deemed wrongful under the law (and it would thereby effectively preclude any appellate review of the evidence to support such a verdict). Because Naschke’s sole issue cites no binding or well-reasoned authority (or rationale) that supports allowing the recovery authorized by the charge in this case, it fails to demonstrate that the trial court erred in granting the JNOV.” OPINION:Edelman, J.; Edelman, Seymore and Guzman, JJ.

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