Lavely v. Heafner

OPINION

EDELMAN, Justice.

In this declaratory judgment ease, Duane Lavely appeals a judgment granted in favor of Mary Heafner on the grounds that the trial court erred by: (1) refusing to file findings of fact and conclusions of law; (2) failing to give Lavely forty-five days notice of the first trial setting; (3) awarding Heafner attorney’s fees where: (a) there was no evidence that the fees were reasonable or necessary, and (b) the attorney’s fees were incurred in a different case in a different court; and (5) denying Lavely’s plea in abatement and plea to the jurisdiction. We vacate the…