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

Summary

The Texas Supreme Court held that under a contract attorney‑fees clause, a party must obtain actual monetary or equitable relief to be the "prevailing party"; because KB Home received zero damages, it was not prevailing and could not recover fees. The Court reversed the Court of Appeals and entered a take‑nothing judgment for Intercontinental. Justice Brister dissented, arguing the contract permits fee recovery based on liability alone.