AWARD OF LEGAL FEES IN ACTION FOR DECLARATORY RELIEF UNDER THE DJA
08‑1069 GOLDEN SPREAD ELECTRIC COOPERATIVE, INC. v. DENVER CITY ENERGY ASSOCIATES, L.P.; from Potter County; 7th district (07-07-00073-CV, 269 SW3d 183, 10‑16‑08) Attorney’s Fees Golden lastly attacks the trial court’s award of attorney’s fees. It does so on the basis that the court erred in ultimately denying Golden recovery while granting Denver both damages and declaratory relief. Since we found some error in the trial court’s decision and Denver did not prevail to the extent decreed by the trial court, the award may be subject to modification. See State Farm Lloyds v. C.M.W., 53 S.W.3d 877, 893-94 (Tex. App.–Dallas 2001, pet. denied) (holding that a trial court may award a prevailing party its attorney’s fees). Consequently, we sustain the issue in part.