The Sunchase IV Homeowners Association and its Board (“Petitioners") were sued in a state district court in south Texas by the owner of a condominium unit regarding a dispute over repairs to the unit and to the common areas. After much litigation and a two-week jury trial, Petitioners prevailed – obtaining favorable declaratory relief from the trial court and favorable jury findings on all of the unit owner's contract and tort claims. The trial court signed a final judgment incorporating the jury's findings and awarding Petitioners their attorney's fees of $135,029.94, pursuant to Texas Property Code § 82.161.
On appeal, the court of appeals largely affirmed the lower court's judgment – but it reversed the award of fees on the grounds that because (1) Petitioners were not “prevailing parties" under section 82.161(b) of the Texas Property Code, and (2) Petitioners' counterclaim for declaratory relief did not state an affirmative claim. We moved for rehearing and presented additional briefing to the court of appeals on this issue, but it denied rehearing.
Supreme Court of Texas Opinion
Court: Texas Supreme Court
Topic: Attorney's Fees
Brief Author: Frank O. Carroll III, Winstead PC
Filed: December 9, 2021
CAI Amicus Review Panel: Mr. Robert Diamond, Esq. (VA), Mr. Stephen Marcus Esq. (MA), Mr. David Ramsey, Esq., CCAL (NJ), Ms. Gabriella Comstock, Esq., CCAL (IL), Ms. Tiago Bezerra, Esq. (VA)