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STATE v. BROWN

No. 2-04-035-CV.

158 S.W.3d 68 (2005)

The STATE of Texas, Appellant, v. J. Grady BROWN, Jr., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled February 10, 2005.

Rehearing Overruled March 10, 2005.

Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen., Barry R. McBee, Edward D. Burbach, Grady Click, Sherry L. Peel, Asst. Atty's Gen., Austin, for appellant.

Richard H. Kelsey, John E. Kelsey, Lawrence C. Collister, Scott W. Hickey, Kelsey, Kelsey & Collister, Denton, for appellee.

Panel A: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.

Rehearing En Banc Overruled February 10, 2005.

OPINION

LEE ANN DAUPHINOT, Justice.

This case arises out of a condemnation proceeding filed December 23, 1993 in which the State acquired a portion of land owned by Appellee J. Grady Brown. The State appeals, arguing that the trial court abused its discretion by awarding attorney's fees and expenses to Brown. Because we hold that the trial court did not abuse its discretion by awarding attorney's fees...

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