Bocquet v. Herring

in which PHILLIPS, Chief Justice, GONZALEZ, SPECTOR, OWEN, ABBOTT and HANKINSON, Justices, join.

The Declaratory Judgments Act provides that in any proceeding under the Act “the court may award costs and reasonable and necessary attorney’s fees as are equitable and just.” Tex. Civ. Pbac. & Rem.Code § 37.009. The question here is, by what standard is such an award of attorney fees to be reviewed on appeal.

Earl Herring and his wife sued two groups of defendants, the Boequet parties and the Weyel parties, for a judgment declaring that defendants were not entitled to access then-property by means…