Aviles v. Aguirre

I dissent from the majority’s opinion for two reasons. First, the opinion conflicts with this Court’s earlier opinion in Trevino v. Carrizales, No.13-05-556-CV, 2006 WL 2371350 (Tex.App.-Corpus Christi 2006, no pet.) (mem.op.), which correctly held that a trial court may not completely deny a duly filed motion for attorney’s fees and costs brought pursuant to former article 4590i sectionlS.Ol(e).1 Second, the majority’s opinion is contrary to the plain language and the purpose of the statute and will lead to absurd results not contemplated by the Legislature. In essence, the opinion deprives…