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SUNCHASE IV HOMEOWNERS ASS'N v. ATKINSON

No. 20-0682.

643 S.W.3d 420 (2022)

SUNCHASE IV HOMEOWNERS ASSOCIATION, INC. and Board, Petitioners, v. David ATKINSON, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: April 8, 2022.

Attorney(s) appearing for the Case

Denis A. Downey , Brownsville, for Respondent.

Frank O. Carroll III , Houston, Alexander Shin Valdes , for Amicus Curiae Community Associations Institute.

Natasha N. Taylor , Houston, Benigno (Trey) Martinez III , Brownsville, R. Russell Hollenbeck , Ricardo Garza Benavides , McAllen, for Petitioners Sunchase IV Homeowners Association, Inc., Sunchase IV Homeowners Association, Inc. Board of Directors.

This case concerns whether a defendant condominium association is entitled to attorney's fees after obtaining a take-nothing judgment on claims by a plaintiff unit owner. Because we have held that a party may qualify as a "prevailing party" by "successfully defending against a claim and securing a take-nothing judgment," Rohrmoos Venture...

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