Black v. Dallas County Child Welfare Unit

OPINION

MAUZY, Justice.

We consider whether the recovery of attorney’s fees against a state agency under Texas Civil Practice and Remedies Code chapter 105 requires a finding that the cause of action was frivolous, unreasonable or without foundation; and if so, whether such a finding was made in this case. The trial court, sitting without a jury, determined that the Texas Department of Human Services acted frivolously, unreasonably and without foundation. The court, therefore, submitted the question of reasonable attorney’s fees to the jury in a subsequent trial. The court of appeals reversed…