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eBook details

• Title: Teresa Black v. Dallas County Child Welfare Unit
• Author : Supreme Court Of Utah
• Release Date : January 17, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

We consider whether the recovery of attorneys fees against a state agency under Texas Civil Practice and Remedies Code chapter 105 requires a finding that the cause of action was frivolous, unreasonable or without foundation; and if so, whether such a finding was made in this case. The trial court, sitting without a jury, determined that the Texas Department of Human Services acted frivolously, unreasonably and without foundation. The court, therefore, submitted the question of reasonable attorneys fees to the jury in a subsequent trial. The court of appeals reversed and rendered judgment for the Department on the basis that section 105.002 permits the recovery of attorneys fees only when the Department files a cause of action that is frivolous, unreasonable, or without foundation and not when the Department simply acts frivolously. 812 S.W.2d 620, 623-24. We hold that the trial court made the necessary findings and properly awarded attorneys fees under section 105.002 of the Texas Civil Practices and Remedies Code.

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