510 S.W.3d 41
Tex. App.2015Background
- Dispute over a fence along a runway taxiway separating Golding/MacIvor land and adjacent acres within the Zuehl Flying Community.
- The subdivision’s roads, including the taxiway, were labeled Lot 119 and allegedly either public or easement-accessible.
- Declaration restrictions prohibited fencing within 10 feet of the taxiway and authorized fence construction only within covenants, not to block access.
- In 2012, the parties reached an agreed partial summary judgment addressing merits and left fee/sanction issues for later resolution.
- In 2014 the association sought sanctions against Golding for misstatements; the court imposed sanctions and denied attorney’s fees to landowners; the appellate court reversed in part and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney’s fees under section 5.006 | Landowners prevailed via settlement; court should award fees | No prevailing party since merits resolved by agreement; no fees warranted | Landowners prevail; fee award remanded for amount determination |
| Sanctions against Golding | Sanctions warranted for bad-faith misrepresentations | Sanctions improper in amount and scope; not tied to sanctionable conduct | Sanctions improper in amount; remand for proper determination |
Key Cases Cited
- Intercontinental Group Partnership v. KB Home Lone Star L.P., 295 S.W.3d 650 (Tex. 2009) (defines prevailing party status by comparable relief via settlement or decree)
- Farrar v. Hobby, 506 U.S. 103 (U.S. 1992) (prevailing party requires relief altering legal relationship)
- KB Home v. Intercontinental Group Partnership, 295 S.W.3d 650 (Tex. 2009) (TX Supreme Court applying Farrar precedent to fees for prevailing party status)
- Epps v. Fowler, 351 S.W.3d 862 (Tex. 2011) (settlement or dismissal can confer prevailing-party status)
- Jakab v. Gran Villa Townhouses Homeowners Ass’n, Inc., 149 S.W.3d 863 (Tex. App.—Dallas 2004) (illustrates prevailing-party concepts in fee-shifting context)
- Inwood N. Homeowners’ Ass’n, Inc. v. Meier, 625 S.W.2d 742 (Tex. App.—Houston [1st Dist.] 1981) (standard for fee award considerations under section 5.006)