BOCQUET v. HERRING

No. 96-1241.

972 S.W.2d 19 (1998)

Robert August BOCQUET, the Estate of Phillip Edmund Bocquet, deceased, Malcolm Oscar Bocquet, Blanche Eugenia Beechie, Willie Granata, R.G. Weyel, Glenn Howard, Oliver W. Howard, and wife, Lorraine M. Howard, Louis J. Pantusa, et al., Petitioners, v. Earl HERRING and wife, Florence Canales Herring, Respondents.

Supreme Court of Texas.

Rehearing Overruled August 25, 1998.


Attorney(s) appearing for the Case

Gardner S. Kendrick, Charles A. Japhet, San Antonio, for Petitioners.

Dennis K. Drake, San Antonio, for Respondents.


HECHT, Justice, delivered the opinion of the Court, 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. PRAC. & REM.CODE § 37.009. The question here is, by what standard is such an award of attorney fees to be reviewed on appeal...

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