David A. Skeels v. Jonathan T. Suder, Michael T. Cooke, and Friedman, Suder & Cooke, P.C. ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-18-00112-CV
DAVID A. SKEELS, Appellant § On Appeal from the 236th District Court
§ of Tarrant County (236-284262-16)
V. § October 14, 2021
§ Memorandum Opinion by Justice Womack
JONATHAN T. SUDER; MICHAEL T. § Dissenting Memorandum Opinion by
COOKE; AND FRIEDMAN, SUDER & Justice Birdwell
COOKE, P.C., Appellees
JUDGMENT ON FURTHER REHEARING
After reviewing the parties’ further motions for rehearing, we deny the
motions. We deny appellant David A. Skeels’s further motion for en banc
reconsideration as moot. However, we withdraw our June 17, 2021 judgment on
rehearing and substitute the following.
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 January 7,
2018 amended final judgment (1) to delete appellee Friedman, Suder & Cooke, P.C.’s
award of attorney’s fees and costs under the Uniform Declaratory Judgments Act and
(2) to delete the award of sanctions in favor of appellees Jonathan T. Suder and
Michael T. Cooke. As modified, we affirm the trial court’s amended final judgment.
We affirm the trial court’s September 11, 2017 declaratory-judgment order.
It is further ordered that all parties shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Dana Womack
Justice Dana Womack