Falls County v. Perkins and Cullum

OPINION

JOE SPURLOCK, II, Justice.

Appellant filed a suit for declaratory judgment, then moved for a non-suit pursuant to TEX.R.CIV.P. 162. The appellees, Perkins and Cullum, moved for relief under rule 162 to recover attorney’s fees. The trial court granted the appellant's request for non-suit but ordered that appellees recover reasonable and necessary attorney’s fees and costs of court. Appellant appeals the judgment for attorney’s fees and costs.

We affirm.

Appellant, Falls County, brought suit against appellees under the Texas Declaratory Judgments Act. See TEX.CIV.PRAC. & REM.CODE ANN. sec.…