Trinity Drywall Systems, LLC v. TOKA General Contractors, Ltd., and Vineyard Village, MSV, LLC ( 2013 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
TRINITY DRYWALL SYSTEMS, LLC., §
No. 08-12-00041-CV
Appellant, §
Appeal from the
v. §
67th District Court
TOKA GENERAL CONTRACTORS, §
LTD., AND VINEYARD VILLAGE, of Tarrant County, Texas
MSV, LLC, §
(TC#67-240386-09)
Appellees. §
JUDGMENT
The Court has considered this cause on the record and concludes there was error in that
part of the judgment granting Appellee Vineyard Village, MSV, LLC’s counterclaim for a
declaratory judgment and awarding it attorney’s fees. We therefore reverse that part of the
judgment and render judgment that Vineyard Village, MSV, LLC’s declaratory judgment is
denied, and remand the cause to the trial court to reconsider the issue of attorney’s fees, and for
further proceedings consistent with this opinion. The judgment of the trial court is affirmed as to
Appellee TOKA General Contractors, Ltd.
We further order that Appellant recover from Appellee Vineyard Village, MSV, LLC, the
appellate costs incurred by Appellant, for which let execution issue. This decision shall be
certified below for observance.
IT IS SO ORDERED THIS 6TH DAY OF NOVEMBER, 2013.
GUADALUPE RIVERA, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.