Rodeheaver v. Steigerwald

OPINION ON MOTION FOR REHEARING

SEARS, Justice.

Harris County has filed a motion for rehearing limited to the issue of the award of attorneys fees. On original submission, we held that a governmental unit is not immune from liability for attorney’s fees under the Uniform Declaratory Judgment Act. We cited as authority Duncan v. Pogue, 759 S.W.2d 435 (Tex.1988). The county asserts Duncan “is not really dis-positive of the issue” because the “defensive issue of sovereign immunity was not discussed.” We agree and believe our disposition of the issue deserves more discussion. Neither the supreme…