declaratory judgment texas family law

4 0 obj 37.001. : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ 1445(c) and federal abstention principles. endstream endobj startxref & REM. Co., 316 U.S. 491 (1942); Wilton, 515 U.S. 277. Utica Lloyds of Tex. Co. v. Deering Mgmt. v. Mitchell, 138 F.3d 208, 210 (5th Cir. 2d 601, 621-22 (E.D. (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . denied); cf. All rights reserved, Declaratory Relief Declaratory Judgment and Rights. 05-05-00061-CV, citing Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. In a number of instances, courts have concluded that an insurer is entitled to re-litigate issues. endobj <> Tex. 1998). Code, applied to breaches of an insurance agreement, this question was resolved by the Texas Supreme Court, on a certified question from the Fifth Circuit, in Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. A declaration does not prejudice the rights of a person not a party to the proceeding. Co. v. Griffin, 955 S.W.2d 81 (Tex. ), the court held the county where the agent was located, the policy was sold, and the claim was reported, was not a proper venue. 3 0 obj Where extrinsic evidence is offered, however, the scope of discovery should be broader. These rules govern the procedure for obtaining a declaratory judgment under 18 U.S.C. Nevertheless, some courts have concluded that declaratory relief is inappropriate where another cause of action is fully mature and provides an appropriate remedy at law. 1997)2; see also State Farm Lloyds v. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. In Williamson, a jury awarded the claimant damages against the insured for false imprisonment. Co. v. Tex. If any facts within the scope of coverage are determined, however, an insurer is required to defend. Co. v. Patriot Sec., Inc., 926 F.Supp. The purpose of the Declaratory Judgments Act is "to settle and afford relief from uncertainty and. SHORT TITLE, CONSTRUCTION, INTERPRETATION. Co. v. Louisiana Farm Bureau Federation, 996 F.2d 774, 778 (5th Cir. Co. v. Sweatt, 978 S.W.2d 267 (Tex. Co. v. Gaskins, 572 S.W.2d 573, 575 (Tex. (whether driver qualified as an insured); John Deere Ins. (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. P., also addresses declaratory judgments, by reference to 28 U.S.C. Contact Us if you have questions.). CODE ANN. App.Houston [14th Dist.] In American Genl Fire & Cas. 2002, no pet. denied) (disallowing evidence of workers compensation payments to establish employment). Co., 767 F.Supp. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and (2) a responding party that: (A) is an official of another state; and The collision was also in Hidalgo County, as was the liability suit. 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. If the order resolves the entire action, then the answer is easy. New Orleans, LA 70130 The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. Co., 542 S.W.2d 429 (Tex. *I`Sl,'dpC2\,AMia*K/[ -M @ICPgIw5 Y k]x?4 :D R*NuNK^CXdmS0I,-B Texas Dept of Public Safety v. Moore, 985 S.W.2d 149, 153-54 (Tex. 1, eff. Despite the complaint allegation rule, Texas courts have always recognized that there are circumstances in which the court must look to extrinsic evidence to determine whether a duty to defend exists. Court refused this collateral attack on prior judgment by declaration. App.Houston [1st Dist.] Sec. 1996); Williamson v. State Farm Lloyds, 76 S.W.3d 64 (Tex. Co. v. Wade, 827 S.W.2d 448 (Tex. Co. v. Taylor, 832 S.W.2d 645 (Tex. Id. Ins. 699 (H.B. Ins. The court recognized that the insurer was defending, but the coverage issue would not be litigated in the underlying case, so declaratory relief was appropriate. Co. v. Kelliher, 343 S.W.2d 278 (Tex. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. App. Sept. 1, 1985. Sec. endobj Rule 166a - Summary Judgment. Chapter 5 2 III. Advisory opinions are prohibited by both the state and federal constitutions. In addition to the county of the defendants residence or principal office, venue is generally deemed proper in the county where the liability suit is pending, or judgment is entered. Wade, 827 S.W.2d at 451. Cty. We are posting this information just for educational purposes and not as a practice of law. See State Farm Mut. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. 1993) (whether accident arose from liquor liability); Acceptance Ins. Indemnity is based on the actual facts establishing liability in the underlying suit. Co. v. Delaney, 386 S.W.2d 648 (Tex. LEXIS 1736 (Tex. In duty to defend cases, the issue of whether extrinsic evidence is even relevant would likely arise. The court remanded for consideration of these factors. 1997); Trinity Universal Ins. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. As au- 5 0 obj ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL Ins. R. CIV. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. 651-389-5000, 10001 Reunion Place 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. Please avail yourself of these resources before seeking a consultation. ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . See, e.g., Stroop v. N. County Mut. App.Austin 1998, no pet. On the other hand, in some instances, principally those in which only indemnity is at issue, or where stay or abstention is likely, there may be no benefit to early filing. 10, eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. The court in Griffin relied upon a change in the Texas Constitution, expanding the scope of district court jurisdiction and eliminating the minimum amount in controversy. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. 1989). The court, in the coverage action, concluded that there was a conflict of interest and a lack of privity, and therefore the insurer was not collaterally estopped from re-litigating the existence of false imprisonment. See, e.g., State Farm Fire & Cas. 1, eff. Texas is not a direct action state, and a claimant typically has no claim against an insurer until a judgment is obtained. The Western Heritage case epitomizes the argument for use of extrinsic evidence. App.Texarkana 2003, pet. See Employers Cas. 2001). The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed . 1968); National Sav. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land. On appeal, HTC challenged: " (1) the district court's exclusion of three of HTC's requested jury instructions; (2) the district court's declaratory judgment that Ericsson had complied with . Added by Acts 2007, 80th Leg., R.S., Ch. We do not guarantee or warrant any of this information. 959, Sec. (auto liability insurer seeking declaratory relief was not subject to cross-action by injured party, or consolidation of liability and coverage suit); see also Firemans Ins. A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate: (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; (3) to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings; or. Prior to the Grapevine Excavation case, the Fifth Circuit had construed 38.006 to exempt insurers from paying attorneys fees in breach of contract actions. Rule 57, FED. According to the Court of Appeals, a declaratory judgment under the UDJA is appropriate only if "a justiciable controversy exists as to the rights and status of the parties and the controversy will be resolved by the declaration sought," and the Act cannot be used to resolve a hypothetical or contingent situation. Typically, the first-filed suit has dominant jurisdiction. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. & Rem. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. 2201. While for years there was a question in the Federal courts as to whether 38.001, Tex. Sec. 0 The award is subject to reversal only if it is arbitrary and unreasonable. denied) (failure to satisfy burden is not finding of proof of opposite). 1968). App.Dallas 2001, pet. App.Fort Worth 1998, no pet.) (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. (no right to new trial because of amended petition where suit brought and determined based on prior petition). <>>> Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. 1993). 1998); Monticello Ins. endobj App.Austin 1998, pet. (2) the decisions of other courts interpreting Section 8, Article I, United States Constitution. 1998) (holding that Texas Declaratory Judgment Act was not controlling, substantive law, and did not justify fee award to defendants). DECLARATORY JUDGMENTS 37.001. The District Court of Delaware dismissed a generic drug company's declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject. Suite 400 A federal anti-injunction also exists. Pursuant to this directive, OCA has prepared the following felony judgment forms and instructions for the forms:: Judgment of Acquittal by Court Judgment of Acquittal by Jury Judgment of Conviction by Court Judgment of Conviction by Jury Judgment of Conviction (Capital Murder-State seeks Death) <> Default judgment presumes that the plaintiff spouse properly served the lawsuit on the defendant-and that the defendant then failed to respond in a timely manner, either by choice or due to neglect. 37.003. See Bernard v. Gulf Ins. Tex. A marriage might be void for other reasons, but not because the spouses are of the same sex. Definition of Declaratory Judgment Noun A legal determination, made by a court, resolving a legal uncertainty within a legal action by outlining the facts of the case before it. Civ. E.g., Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. 1965). The most common exception for extrinsic evidence is when the pleadings simply do not assert facts that would determine coverage. (b) A district court has original jurisdiction of a proceeding seeking a declaratory judgment that involves: (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or, (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and, (A) is an official of another state; and. They cannot file an eviction suit before they give this notice in writing. The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. Texas, Inc., 64 S.W.3d 497 (Tex. 37.008. One of the factors the courts will review is whether the declaratory action is filed in anticipation of a state court suit. It has long been recognized that Texas law does not allow recovery of attorneys fees unless authorized by statute or contract. Civ. Sec. See, e.g., Sylvester v. Watkins, 538 S.W.2d 827 (Tex. 140 0 obj <> endobj As amended through January 27, 2023. See Scottsdale Ins. & Rem. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. Group v. Lou-Con, Inc., 293 F.3d 908 (5th Cir. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. 2201. The Fifth Circuit overruled prior case law to conform with the Supreme Courts ruling. It is still likely a court will not allow dual-track litigation of issues that affect liability and coverage. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. P., specifically provides, with regard to joinder of third parties, that This rule shall not be applied, in tort cases, so as to permit the joinder of a liability or indemnity insurance company, unless such company is by statute or contract liable to the person injured or damaged. Most policies include a no action provision that provides that a third partys right of action against the insured does not arise until there is a settlement, to which the insurer has agreed, or a judgment against the insured. Olympic Financial Group, Inc., ("Olympic Financial") and Abdulaziz Sugule appealed a judgment dismissing their declaratory judgment action without prejudice after the district court granted the Department of Financial Institutions' ("Department") motion to dismiss. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. Even before the Texas Supreme Courts opinion in Griffin, federal courts recognized that indemnity presented an actual controversy and was justiciable, prior to judgment in the underlying liability suit. 1968) (J. Smith, dissenting). Code Ann. App.Corpus Christi 2003, no writ). (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Co. v. Cooper Machinery Corp., 817 F.Supp. (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. Rule 57. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Civ. Ins. But, because courts have recognized that, where a coverage issue exists, there is no privity between the insured and the insurer, there is an argument that an insurer should be allowed to litigate facts in a declaratory judgment, regardless of whether the facts are also being litigated in the underlying suit. (whether policy was void or loss was covered presented justiciable controversy); American States Ins. We are not responsible for you using any of this information. "Undoubtedly, the degree of control the agreement ultimately exerts over the parties' rights in the . In part, of course, the scope of discovery will be determined by the nature of the issue. hb```c`` AX,$)00(IrZ Ny d3Vttt00 ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ xko9.ou _:=;0b+w)m3]WTy:>yYWOv]vs|?V~>zw"{}v~eM/XVY&R~Eou6Wv/ *]nT:^\-G:[A? Co. v. Bradleys Elec., Inc., 993 S.W.2d 673 (Tex. There are literally dozens of statutes in Texas law that provide for the recovery of attorney's fees, usually as part of a judgment. 959, Sec. Twenty-Fifth Floor - Plaza of the Americas Co., 2000 Tex. Similarly, courts have held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. 2005); In re Marriage of Byrne, 179 Ill.App.3d 944 (1st Dist. Co. v. Gandy, 925 S.W.2d 696 (Tex. 1787), Sec. On the other hand, where the insured seeks a declaration that the insurer owes indemnity, before resolution of the underlying case, the opinion may be considered advisory, and declaratory relief may, indeed, be premature. Pursuant to 37.003, a declaration may be either affirmative or negative in form and effect. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. 1996). See Great American Ins. Federal courts are especially reluctant to exercise jurisdiction if there is a parallel state court proceeding even if subsequently filed that includes all necessary parties and will resolve the issues. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. Group, Inc., 946 F.Supp. 1996). App.Beaumont 1972), affd other grounds, 496 S.W.2d 552 (Tex. denied), the court held it was permissible, and not purely advisory, to determine the number of occurrences involved in the underlying litigation. Sec. Texas follows the American Rule The court then noted the special concerns applicable in declaratory actions. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> In Foust v. Ranger Ins. A plaintiff is the side that starts the lawsuit by filing a complaint or petition with the court.A plaintiff files the lawsuit to get the court to force the defendant to do something, such as pay money damages. 2201, and further provides for a jury trial. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. % In Gandy, the court broadened the scope of re-litigation, noting that in no event, however, is a judgment for plaintiff against defendant rendered without a fully adversarial trial, binding on defendants insurer . %PDF-1.6 % As amended through January 27, 2023. SUPPLEMENTAL RELIEF. Texas Declaratory Judgment Law United States of America v. Vijesh Patel, M.D. App. Texas Family Code Section 2.401 states the proof necessary to establish an informal marriage in Texas: . . Instead, plaintiffs alleged River Entertainment was negligent for allowing the defendant to leave, in his own vehicle, when they should have known his driving ability was impaired. The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. stream Tex. Declaratory relief is an especially appropriate method for resolving coverage disputes, because of the limited options available for resolution of such disputes. Amended by Acts 1987, 70th Leg., ch. Acts 1985, 69th Leg., ch. Can I Still File if I am already in Costly Litigation? Under Texas substantive law, attorneys fees may be available to the insured if the insurer has breached its duty to defend or indemnify. Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir. Westport v. Atchley, Russell, Waldrop & Hlavinka, 267 F. Supp. One common element circuit courts often point to is whether the suit was brought . Co. v. Patriot Sec., Inc., 926 F.Supp. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. App.Dallas 2001, pet. CIV. 1995). The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. 37.002. While some older cases find an insurer cannot re-litigate facts, if it has wrongfully refused to defend, recent cases have held that an insurer is not bound, in any circumstance, where the facts allegedly establishing coverage are not fully litigated. See, e.g., Dairyland County Mut. Insrs v. American Home Assur. 97 (E.D. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. Costs and fees are not dependent upon the outcome, and can be awarded to either the prevailing or the non-prevailing party. Acts 1985, 69th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. [ii], You have the right to ask your state court for relief if you have a statute that says you do, like Texas statute says, A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed[viii](Most states have an act like this. A declaratory judgments purpose is to prevent costly litigation, remove uncertainty, terminate the controversy[ii], and to protect its citizens from injury, debt, damage and penalties;before any loss has been suffered or any offense committed.. 1998, pet. & Liab. 8. 504-526-4350, 408 St. Peter Street, Suite 510 He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . App.Dallas 1998, no pet.). App.Houston [1st Dist.] Sept. 1, 1985. Id. endobj See, e.g., Standard Fire Ins. hbbd```b``3@$i6D2j`5`YOe= "Ydl_02]fIk`|g 37.002. An insurer should not be held to have waived its right to litigate coverage by defending under reservation of rights, or by delay in filing a declaratory judgment action. Co., 996 S.W.2d 207 (Tex. A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. A. at 368-69. App.Dallas 1992, writ denied) (insurer not collaterally estopped from challenging findings); United States Fire Ins. Genl Ins. 1965, writ refd n.r.e.) 955 S.W.2d at 84 (construing Tex. One reason proffered is the possibility of inconsistent outcomes. 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. endobj Co., 628 S.W.2d 184 (Tex. Co., 975 S.W.2d 329 (Tex. FAM. See Tri-Coastal Contractors, Inc. v. Hartford Undwrs Ins. 37.0055. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. See Bituminous Cas. at 332. Foust v. Ranger Ins. There are exceptions, of course. The petition in the underlying suit was amended, however, and all references to alcohol were deleted. Auto. denied); State Farm Lloyds v. Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. denied); ANR Prod. C.M.W., 53 S.W.3d 877 (Tex. Since the duty to defend is based solely on the live pleadings, a declaratory judgment is arguably based only on the pleading in effect, and is not determinative as to any subsequent amended or supplemental pleading. Co., 975 S.W.2d 329, 332 n.1 (Tex. Sept. 1, 1985. Individuals may seek a declaratory judgment after a legal controversy has arisen . Under Texas law, a duty to defend is determined by the complaint allegation rule. Issues also arise, when the underlying case is still proceeding, as to the extent to which the insurer can discover information which could also be relevant, and potentially damaging, in the underlying liability suit. 1992), cert. 830-252-5100. On the other hand, if the plaintiff engaged in fraud or misconduct designed to avoid service, the court may be able to set aside a default . A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. denied, 511 U.S. 1032 (1994). Co. v. Am. Group, Inc., 946 F.Supp. Civ. denied) (judgment of negligence in underlying case did not establish that negligent acts caused bodily injury, and did not preclude insurer from establishing intentional conduct); Deering Mgmt. Litigation in Texas. <> Where the insurer is providing a defense, it is a party to the attorney-client privilege, and can share in communications between the insured and defense counsel, without waiver. See Natl Union Fire Ins. 1995), the court held a minor, whose interests were affected, was properly made a party to a declaratory judgment action, and was bound by the judgment where the minors mother answered, as next friend, and a guardian ad litem was appointed. For more information, please contact the law firm at 817-335-8800. McKee Foods Kingman v. Kellogg Co., 474 F. Supp . Tex. ), Code of Judical Conduct, Canon 3 B (c) obtaining the advice of a disinterested expert on the law applicable to a proceeding before the judge if the judge gives notice to the parties of the person consulted and the substance of the advice, and affords the parties reasonable opportunity to respond;. Declaratory Judgment These rules govern the procedure for obtaining a declaratory judgment under 28 U.S.C. Tex. 97, 99 (E.D. Sec. Co., 95 S.W.3d 702 (Tex. This article is designed to acquaint investors with basic rules and procedures involved in Texas litigation. Id . A fee award is not mandatoryunder the UDJA . App.Waco 1943, no writ); Superior Ins. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. ***It is your responsibility to make sure that this is appropriate for your individual case. Rule 57, FED. St. Paul had also appealed the original award to state district court, and that suit had also been settled, with a provision for payment of future expenses. App.Corpus Christi 1998), revd on other grounds, 995 S.W.2d 675 (Tex. 2023 Thompson, Coe, Cousins & Irons, LLP. App.Texarkana 1967, no writ) (auto excluded); International Serv. In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just. See, e.g., State Farm Fire & Cas. 3, Ch. ); but cf. R. Civ. Code 7.001. C.M.W., 53 S.W.3d 877 (Tex. Austin, TX 78746 [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. 1998), overruled on other grounds, State Farm Fire & Cas. 189 0 obj <>stream The Declaratory Judgment Act itself provides that a "declaration shall have the force and effect of a final judgment or decree," 28 U. S. C. 2201; eminent authority anticipated that declaratory judgments would be res judicata, E. Borchard, Declaratory Judgments 10-11 (2d ed. Co. v. Fraiman, 514 S.W.2d 343, 346 (Tex. Typically, an anti-suit injunction is appropriate in limited instances: 1) to address a threat to the courts jurisdiction; 2) to prevent the evasion of important public policy; 3) to prevent a multiplicity of suits; or 4) to protect a party from vexatious or harassing litigation.