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, 2015Background
- 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)
