Christopher N. Epps and Laura L. Epps, Petitioners v. Bruce Fowler, Jr. and Stephanie L. Fowler, Respondents

Summary

The Texas Supreme Court held that a defendant is not a prevailing party when a plaintiff nonsuits without prejudice unless the court finds the nonsuit was to avoid an unfavorable judgment, and that a defendant does prevail when the plaintiff nonsuits with prejudice. It reversed the Court of Appeals and remanded for the trial court to apply this test and to consider the Eppses’ Chapter 10 sanctions claim. Justice HECHT dissented, arguing that the contract’s ordinary meaning should make the defendant prevailing whenever the plaintiff nonsuits.