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State Farm Lloyds v. C.M.W.8/17/2001
ratory judgment action. In Barshop, the Texas Supreme Court reversed and remanded an award of attorneys' fees to the prevailing party at trial when that party lost on appeal. Barshop, 925 S.W.2d at 637-38. However, in that case, the trial court's award of fees was pursuant to the party's status as the prevailing party. Id. at 637. In this case, the record does not reflect the trial court's basis, or bases, for granting W. attorneys' fees. State Farm does not direct us to anything in the record that establishes the fees awarded to W. were inequitable or unjust for any reason other than W.'s loss on appeal.
Although it is true that a trial court may award attorneys' fees to the non-prevailing party in a declaratory judgment action, the trial court did not do so in this case. Here, the trial court awarded fees to the prevailing party at trial. However, because the record does not reflect the trial court's reasons for its award of fees to W., there is no evidence to indicate whether the trial court's award of fees would also be equitable and just in light of our opinion in this case. Accordingly, we reverse the portion of the judgment awarding attorneys' fees to W. and remand the issue of attorneys' fees to the trial court for its reconsideration in light of this opinion.
Publish Tex. R. App. P. 47
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