are remanding this cause to the trial court to allow him to make another election of remedies. , Dr. Cravens points out that his attorneys were paid more than $1 million, and,he argues that the fees support the award of reliance damages, but the evidence shows that the fees were paid from CND, PA’s line of credit and not by Dr. Cravens individually. But even if Dr. Cravens had personally paid some or all of the attorneys’ fees, 'his attorneys’ fees for prosecution of the lawsuit are not expenditures made in reliance on RCC’s promise to develop and build'the hospital. They are expenditures' made for purposes of recovering damages in this lawsuit, and as such, they are not compensatory, out-of-pocket damages. See In re Nalle Plastics Family Ltd. P’ship, 406 S.W.3d 168, 171-175 (Tex.2013) (<HOLDING>); Alma, Grp., L.L.C. v. Palmer, 143 S.W.3d 840,
holding attorneys fees incurred in prosecuting or defending litigation are not compensatory damages and thus need not be superseded pending ap peal under civil practice and remedies code section 52006 holding that insured may recover legal fees incurred in defending itself in a declaratory judgment action brought by insurer but not for those incurred in prosecuting cross claims and counterclaims against insurers holding compensatory and punitive damages constitute legal remedies holding that indemnitee may recover attorneys fees incurred in defending indemnity agreement holding that punitive damages do not need to be proportional to compensatory damages