This morning, the Third Court of Appeals issued a memorandum opinion that addressed the issue of attorneys’ fees under the Uniform Declaratory Judgment Act. The Court affirmed a trial court decision to not award fees to a prevailing party on the basis that the declaratory relief obtained was redundant to other relief sought. In other words, the Court found that the dec action in question was added solely for the purpose of pleading a claim for which an attorneys’ fee award was possible, and thus the trial court did not abuse its discretion when it declined to award fees.
Cause No. 03-05-00171-CV, Aaron Rents, Inc. v. Travis Central Appraisal District, et al.
