Estate of David Anthony Toarmina, Deceased

Dallas Court of Appeals, No. 05‐15‐00073‐CV (June 13, 2016)

Justices Lang, Brown (Opinion), and Whitehill

This appeal examined whether a party’s new attorney could testify about attorney’s fees when the only witness designated on the issue was the party’s former attorney. The party had requested attorney’s fees from the onset of the litigation and timely designated his original attorney to testify in support of that request. After the original attorney was replaced shortly before trial, there was no unfair surprise under Texas Rule of Civil Procedure 193.5(a), and therefore no abuse of discretion by the trial court, when the new attorney was allowed to testify about attorney’s fees at trial, despite never having been disclosed by name as an expert witness.