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TANA OIL AND GAS CORP. v. CERNOSEK

No. 03-04-00820-CV.

188 S.W.3d 354 (2006)

TANA OIL AND GAS CORPORATION, Appellant v. Richard G. CERNOSEK; Cer-Mor-Leb, a General Partnership; and Garth C. Bates, Appellees.

Court of Appeals of Texas, Austin.

March 10, 2006.

Attorney(s) appearing for the Case

Michael R. Steinhauser, Flantonia, R. Clay Hoblit, Roberta S. Dohse, Gonzales Hoblit & Ferguson LLP, Corpus Christi, Raul A. Gonzalez, Locke Liddell & Sapp L.L.P., Austin, N. Mark Ralls, Chaves, Gonzales & Hoblit, LLP, San Antonio, for appellant.

Tom C. McCall, David B. McCall, The McCall Firm, Austin, Britton D. Monts, Monts & Ware, LLP, Dallas, for appellees.

Before Justices B.A. SMITH, PATTERSON and PURYEAR.

OPINION

BEA ANN SMITH, Justice.

We grant the motion for rehearing solely on the issue of attorney's fees and withdraw our opinion and judgment of December 14, 2005. We substitute this opinion, delete the remand to the district court, and render judgment that Tana is not entitled to recover attorney's fees. The motion for rehearing is overruled in all other respects.

Tana Oil and Gas Corp. (Tana) appeals the district court's grant of partial...

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