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.
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