in the Estate of Ernest Hodges ( 2022 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00020-CV
IN THE ESTATE OF ERNEST HODGES, § On Appeal from Probate Court No. 2
DECEASED
§ of Tarrant County (2007-0003498-2)
§ May 5, 2022
§ Memorandum Opinion by Justice Wallach
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 order. It is ordered that the order of the trial court
is affirmed in part and reversed and remanded in part. We affirm that portion of the
trial court’s order denying Appellant Scott Moseley’s ninth application for attorney’s
fees and expenses as to fees and expenses incurred prior to Ernest Hodge’s death. We
reverse that portion of the trial court’s order denying Moseley’s ninth application for
fees and expenses incurred in his representation of the estate and its administrator in
the outside litigation and remand this case to the trial court for further proceedings
consistent with this opinion.
It is further ordered that each party shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By _/s/ Mike Wallach___________________
Justice Mike Wallach