law-UDJA-attorneys-fees in declaratory judgment action | UDJA = DJA + Declaratory Judgments Act |


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.


Also see:
Texas Causes of Action and Defenses  |  2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams  | Texas
Caselaw Topics Pages | Texas Opinions Homepage |