Summary
This document is a mandate from the Texas Fifteenth Court of Appeals affirming the trial court's judgment in favor of the appellees, with a modification regarding attorney's fees. Following a motion for rehearing, the court vacated its prior November 2024 opinion and judgment, withdrawing the reversal of the trial court's fee award after the appellee voluntarily withdrew his request for fees. The appellate court ultimately affirmed the lower court's decision as modified to delete the attorney's fees award and ordered each party to bear its own appellate costs.
Topics
Practice areas
Questions Presented
- Whether the appellate court should vacate its prior judgment and delete the award of attorney's fees upon rehearing.
Holdings
- The motion for rehearing is granted in part; the Court’s former judgment of November 19, 2024 is vacated, set aside, and annulled, and the award of attorney’s fees is deleted.
Key quotations
“We order the motion be granted in part, and that the Court’s former judgment of November 19, 2024 be vacated, set aside, and annulled.” (at 1)
Factual background
The dispute arose from a trial court judgment that awarded attorney's fees to Carl Stoneham and Mike Morath. The school district appealed the award, and the appellate court initially affirmed the judgment before reconsidering on rehearing.
Procedural history
The trial court awarded attorney's fees to the appellees. Crowley Independent School District appealed. The Texas Court of Appeals, 15th District, affirmed the trial court's judgment with modifications on November 19, 2024, but later vacated that judgment and deleted the attorney's fees award after a motion for rehearing was filed.