Intercontinental Group Partnership, Petitioner v. Kb Home Lone Star L.p., Respondent

Summary

The Texas Supreme Court held that a contract provision awarding attorney's fees to the "prevailing party" requires the party to obtain actual monetary or equitable relief; a zero‑damage verdict does not satisfy that requirement. Accordingly, KB Home did not prevail and could not recover fees, and Intercontinental waived any fee claim, so the Court reversed the Court of Appeals and entered a take‑nothing judgment. Justice Brister dissented, arguing that liability alone should trigger fee eligibility.