Chris Lawry v. Pecan Plantation Owners Association, Inc. and Pecan Plantation Volunteer Fire Department and Emergency Medical Services, Inc. ( 2016 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00079-CV
Chris Lawry § From the County Court at Law
v.
§ of Hood County (C06397)
Pecan Plantation Owners
Association, Inc. and Pecan § August 18, 2016
Plantation Volunteer Fire
Department and Emergency Medical
Services, Inc. § Opinion by Chief Justice Livingston
JUDGMENT
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s judgment.
We modify the trial court’s judgment for Pecan Plantation Owners
Association, Inc. to make the award of appellate attorney’s fees contingent upon
its prevailing on appeal, and we affirm the remainder of the judgment for Pecan
Plantation Owners Association, Inc. as modified.
We modify the trial court’s judgment for Pecan Plantation Volunteer Fire
Department and Emergency Medical Services, Inc. to make the award of
appellate attorney’s fees contingent upon its prevailing on appeal, and we affirm
the remainder of the judgment for Pecan Plantation Volunteer Fire Department
and Emergency Medical Services, Inc., except as to attorney’s fees related to
trial. We reverse the award of trial attorney’s fees for Pecan Plantation Volunteer
Fire Department and Emergency Medical Services, Inc. in the amount of
$31,795, and we remand this case to the trial court solely for a redetermination of
Pecan Plantation Volunteer Fire Department and Emergency Medical Services,
Inc.’s attorney’s fees through the trial date of October 27, 2014.
It is further ordered that appellant Chris Lawry shall pay ninety percent of
the costs of the appeal, and Pecan Plantation Volunteer Fire Department and
Emergency Medical Services, Inc. shall pay ten percent of the costs of the
appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Terrie Livingston
Chief Justice Terrie Livingston