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John A. Lance, Debra L. Lance, F.D. Franks and Helen Franks v. Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray and Butch Townsend
04-14-00758-CV
| Tex. App. | Jul 8, 2015
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Background

  • Franks created a Deed Without Warranty (DWW) to a 0.282-acre parcel they did not own and conveyed it to the Lances.
  • Lances began taking measures to exclude others from the DWW-described property, including Robinson appellees.
  • Bexar-Medina-Atascosa Counties Water Control & Improvement District No. 1 (BMA) claimed an ownership interest in the disputed land and sought a declaratory judgment, intervening as an indispensable party.
  • The trial court granted partial summary judgment declaring the DWW did not convey ownership to the Lances and severed that claim from the remaining issues.
  • BMA moved for attorney fees; the court awarded substantial fees to BMA and potential additional fees on appeal and to the Texas Supreme Court petition.
  • On appeal, the court affirmed the declaratory judgment and upheld the attorney-fee award as reasonable and just under Tex. Civ. Prac. & Rem. Code §37.009.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the declaratory judgment was proper under Chapter 37. Lances argued the court erred in declaratory relief about title BMA contended the DWW foreclosed Lances’ ownership interest and supported declaratory relief Yes; declaratory judgment affirmed
Whether attorney-fee award to BMA was proper. Lances claim fees were unnecessary and excessive BMA argues fees were reasonable, necessary, and equitable under §37.009 Yes; fees awarded were reasonable, necessary, and equitable

Key Cases Cited

  • Amaro v. Wilson County, 398 S.W.3d 780 (Tex.App.-San Antonio 2011) (fee awards in declaratory actions require substantial evidence of reasonableness)
  • Arthur Andersen & Co. v. Perry Equipment Corp., 945 S.W.2d 812 (Tex. 1997) (factors for reasonable attorney fees)
  • Bocquet v. Herring, 972 S.W.2d 19 (Tex. 1998) (declaratory judgments—fees may be awarded if equitable and just)
  • Oake v. Collin County, 692 S.W.2d 454 (Tex. 1985) (standard for reviewing declaratory judgments)
  • Wells Fargo Bank, N.A. v. O'Brien, 458 S.W.3d 912 (Tex. 2015) (fee-shifting in declaratory judgments; prevailing party concepts)
  • Nobles v. Marcus, 533 S.W.2d 923 (Tex. 1976) (precedent on equitable awards in litigation)
  • City of Laredo v. Buenrostro, 357 S.W.3d 118 (Tex.App.-San Antonio 2011) (substantial evidence standard for fee determinations)
  • Tony Gullo Motors I, L.P. v. Chapa, 212 S.W.3d 299 (Tex. 2007) (analysis of reasonableness of attorney fees)
Read the full case

Case Details

Case Name: John A. Lance, Debra L. Lance, F.D. Franks and Helen Franks v. Judith and Terry Robinson, Gary and Brenda Fest, Virginia Gray and Butch Townsend
Court Name: Court of Appeals of Texas
Date Published: Jul 8, 2015
Docket Number: 04-14-00758-CV
Court Abbreviation: Tex. App.