George Green and Garlan Green v. Port of Call Homeowners Association Phillip Jacobs John Ross Bucholtz Richard Pat McElroy Randolph Harig Christopher Rockwood Nancy Carothers Alliance Association Management Sharon Murphy Jose Balderas Harold Brown And Niemann & Niemann, LLP ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN JUDGMENT RENDERED AUGUST 29, 2018 NO. 03-18-00264-CV George Green and Garlan Green, Appellants v. Port of Call Homeowners Association; Port of Call Homeowners Association, Inc.; John Ross Buchholtz; Nancy Carothers; Randolph Harig; Phillip Jacobs; Richard Pat McElroy; Christopher Rockwood; Christine Mashay Taylor; Alliance Association Management, Inc.; Jose Balderas; Harold Brown; Sharon Murphy; and Niemann & Niemann, LLP d/b/a Niemann & Heyer, LLP, Appellees APPEAL FROM THE 33RD DISTRICT COURT OF LLANO COUNTY BEFORE JUSTICES PURYEAR, PEMBERTON, AND BOURLAND MODIFIED AND, AS MODIFIED, AFFIRMED IN PART; REVERSED AND REMANDED IN PART — OPINION BY JUSTICE PURYEAR This is an appeal from the judgment signed by the trial court on September 7, 2016. Having reviewed the record and the parties’ arguments, the Court holds that there was no reversible error, but that there was error requiring correction in that portion of the trial court’s judgment conditionally awarding attorneys’ fees to each appellee in the event of an unsuccessful appeal of the trial court’s rulings on any issue other than the defamation claim. Therefore, the Court modifies the trial court’s judgment to remove that conditional award of attorneys’ fees to each appellee. Furthermore, the Court holds that there was reversible error in that portion of the trial court’s judgment dismissing appellants’ defamation claim against Port of Call Homeowners Association, Inc. Therefore, the Court reverses the dismissal of the appellants’ defamation claim and remands that issue to the trial court for further proceedings. In all other respects, the judgment of the trial court is affirmed. Each party shall pay their own costs relating to this appeal, both in this Court and in the court below.