declaratory judgment texas family law

1998, pet. Co. v. Taylor, 832 S.W.2d 645 (Tex. Amount in Controversy FAM. Where suits are filed in two states, one court may abstain in favor of the first-filed suit. 2 The courts decision has been described as carving out an exception, rather than overruling prior law. Other Resources you might find helpful to help you get through the stress and emotional turmoil involved during the time that you have uncertainty and fear of losing your child and control over your life and your money: **It is your responsibility to prove that the PALMERS qualify as an expert in your state and can testify. 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. The Texas Legislature adopted the Uniform Act, with some slight variations, in 1943V. 1999) (insureds motion to transfer erroneously granted); Southern County Mut. endstream All Rights Reserved. See Murray, 437 S.W.2d 264 (Tex. Coverage disputes under liability policies are well-suited for declaratory actions. Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. Ins. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the adverse party has appeared or answered, move with or without supporting affidavits for a summary judgment in his favor upon all . 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. Tex. (whether driver qualified as an insured); John Deere Ins. We are not attorneys. App.Fort Worth 1978, no writ); Providence Lloyds Ins. 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. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. 8 0 obj 2002, no pet. Civ. A declaratory judgment is one that simply declares the rights, status, or other legal relations of the parties without ordering anything to be done. App.Fort Worth 1973, writ refd n.r.e.). (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. The purpose of the Declaratory Judgments Act is "to settle and afford relief from uncertainty and. denied, 511 U.S. 1032 (1994). The Historic Hamm Building 37.011. See Scottsdale Ins. <> Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. 1968) (J. Smith, dissenting). A fee award is not mandatoryunder the UDJA . Tex. Under federal law, the Declaratory Judgment Act, itself, does not authorize attorneys fees. 39 F.3d at 591. 1271 (N.D. Tex. App.Amarillo 1976, writ refd n.r.e. dismd, 507 U.S. 1026 (1993). A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. SUPPLEMENTAL RELIEF. Federated Mut. P., also addresses declaratory judgments, by reference to 28 U.S.C. See the resource below for more details. at 468. & Rem. 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. App.Fort Worth 1998, no pet.) Frontier Pac. 1997), the Supreme Court reaffirmed the complaint allegation rule, with dicta suggesting that the exception for extrinsic evidence would be narrowed. Prac. The court, however, concluded this was not a county in which a substantial part of the facts giving rise to the coverage dispute arose. You may use the information for your individual case only. App.Texarkana 2003, pet. See Utica Lloyds of Tex. Where extrinsic evidence is offered, however, the scope of discovery should be broader. DEFINITION. Acts 1985, 69th Leg., ch. The courts have recognized an exception when the liability insurance is statutorily required, and arguably for the benefit of the claimant, such as compulsory auto insurance or workers compensation. LEXIS 7088 (Tex. 37.010. REVIEW. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. App.Corpus Christi 2003, no writ). Houston, TX 77056 He then filed a lawsuit seeking a declaratory judgment that Allstate owed him the difference between the settlement . A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. Co., 975 S.W.2d 329, 332 (Tex. App.Corpus Christi 2000, no writ). Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. In Williamson, a jury awarded the claimant damages against the insured for false imprisonment. The Fifth Circuit overruled prior case law to conform with the Supreme Courts ruling. To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. SHORT TITLE, CONSTRUCTION, INTERPRETATION. (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. Irwin settled with Alonso's insurance carrier for the $30,000 policy limit. . 925 S.W.2d at 714. Co. v. Ochoa, 19 S.W.3d 452 (Tex. App.Corpus Christi 2000, no writ). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 1996). 37.002. (driver excluded); see also Tri-Coastal Contrs, Inc. v. Hartford Undwrs Ins. Co., 767 F.Supp. . 45 (N.D. Tex. 37.002 (b) (Vernon 2008); see Bonham State Bank, 907 S.W.2d at 467; Indian Beach Property Owners' Ass'n v. Co., 975 S.W.2d 329, 332 n.1 (Tex. POWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. The author would like to thank the Texas Tech Law School Foundation for its generous support. 97, 99 (E.D. 11 0 obj Tex. Google it and find out how your State has interpreted this remedy. 37.005. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. The collision was also in Hidalgo County, as was the liability suit. If done right, it can save parties to a probate dispute time and money, and avoid the uncertainty of litigation. See Brillhart v. Excess Ins. Const. 1969); see also Allstate Ins. 10, eff. Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. The U.S. Supreme Court's 2015 ruling in Obergefell v. The underlying liability suit arose from an accident in which one defendant, while intoxicated, hit the plaintiffs vehicle, killing their daughter. Acts 1985, 69th Leg., ch. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The most common exception for extrinsic evidence is when the pleadings simply do not assert facts that would determine coverage. You can share these posts as long as you are linking to our posts. 6 0 obj 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. to prevent: 1. litigation, 2. loss, 3. debt, 4. damage (injury), and 5. penalties! 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. Co. v. Deering Mgmt. App.Houston [14th Dist.] . Cty. Background This case involves a dispute over a . Sept. 1, 1999. denied). dismd, 507 U.S. 1026 (1993); cf. 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. In American Genl Fire & Cas. Co., 95 S.W.3d 702 (Tex. Co. v. Truckin USA, 122 F.3d 270, 272-73 (5th Cir. As a general rule, only one final judgment may be signed in a lawsuit (note, thought, that this rule does not always apply in probate and family law cases). 2201(a) . Protective orders are still relatively simple, and can usually be subject to an agreed motion in federal court. A federal anti-injunction also exists. 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. As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. effectuate its general purpose to make uniform the law of those states that enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. Sherry attributes successfully developing the most powerful tools and a five-stage formula to assist attorneys and pro se parents get better results and fight legal abuses that occur in the family court settings. As amended through January 27, 2023. 1445(c) and federal abstention principles. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. LEXIS 7550 (Tex. : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ Ins. Rules 38 and 39 govern a demand for a jury trial. September 1, 2007. See Granite State Ins. Until a writ of possession is issued, the tenant can remain in their home. See Employers Cas. 1, eff. <> The award is subject to reversal only if it is arbitrary and unreasonable. ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL Co., 981 S.W.2d 861 (Tex. App. . d) The court may also grant summary judgment against the moving party, if appropriate. 1995). All rights reserved, Declaratory Relief Declaratory Judgment and Rights. 1996). "Undoubtedly, the degree of control the agreement ultimately exerts over the parties' rights in the . App.Houston [1st Dist.] If not you can still use them to teach your attorney how to argue the motions. 955 S.W.2d at 84 (construing Tex. A future interest in a potential judgment has been held insufficient to allow intervention. The Motion: a) May be filed by a defending party any . For more information, please contact the law firm at 817-335-8800. "A declaratory judgment is appropriate only when there is a justiciable controversy about the rights and status of the parties, and the declaration would resolve the controversy." (Kinnard v. Collin Co Bail Bond (2006) No. Co. v. Griffin, 955 S.W.2d 81 (Tex. E.g., Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. 2002); Monticello Ins. denied). Allstate Ins. (a)For Claimant. 4 0 obj Co. v. Block, 744 S.W.2d 940, 943 (Tex. Sept. 1, 1985. Co. v. Vandewater, 907 S.W.2d 491 (Tex. denied). <> 1993); American States Ins. 1, eff. Tex. 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. endobj Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. 959, Sec. See Bocquet v. Herring, 972 S.W.2d 19 (Tex. Uniform Declaratory Judgment Act A party to a declaratory judgment claim may recover "reasonable and necessary attorney's fees as are equitable and just" under the Uniform Declaratory Judgment Act (UDJA), which is codified in Chapter 37 of the Texas Civil Practice and Remedies Code. App.Austin, Oct. 2, 2003, no pet. Berger v. Berger, 358 Ill.App.3d 651 (1st Dist. 7 0 obj Rule 91a - Dismissal of Baseless Causes of Action. In this instance, both state and federal courts have readily allowed the use of extrinsic evidence to determine the duty to defend. Co., 981 S.W.2d 861 (Tex. McKee Foods Kingman v. Kellogg Co., 474 F. Supp . Ins. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. App.Beaumont 1972), affd other grounds, 496 S.W.2d 552 (Tex. Civ. Co., 628 S.W.2d 184 (Tex. 2000) (staying declaratory action because of motion to join insurer in state court liability suit). Co., 981 S.W.2d 889 (Tex. 1993). An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. There are literally dozens of statutes in Texas law that provide for the recovery of attorney's fees, usually as part of a judgment. ), 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;. The declaratory judgment action allows relief, even where another remedy exists. at 68. The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. Saint Paul, MN 55102 Yes*! If any facts within the scope of coverage are determined, however, an insurer is required to defend. 45 . 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 . Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. State Farm argued the policy changes were made in Milam County, where the agent was located, and the policy was sold. In cases involving duty to indemnify, there may be issues as to whether the indemnity facts were fully litigated in an actual trial, or whether the facts can be re-litigated, construing Gandy and Maldonado. Rule 57, FED. Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. 1998, no pet.). The following are some specific ways that declaratory judgments can be used in family law. Read this complete Texas Estates Code - EST 257.101. App.Houston 1965, writ refd n.r.e.) In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. 1995); but cf. Admiral Ins. An advantage to arbitration may be the possibility of a quicker trial date, quicker final resolution, and privacy, but arbitration rulings are usually consid-ered final and cannot be appealed. As such, there should be no collateral estoppel of the insurer, based upon the outcome of the issue in the underlying case. Co. v. Louisiana Farm Bureau Federation, 996 F.2d 774, 778 (5th Cir. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. 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. 1973) (court had no authority to order declaration against insurer in response to insureds motion for summary judgment on insurers claims); Indigo Oil, Inc. v. Wiser Oil Co., 1998 TEX. 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. & Rem. Wherefore, Plaintiff prays for judgment against the Defendants as follows: Respectfully submitted, KOONSFULLER, P.C. Sept. 1, 1987; Acts 1999, 76th Leg., ch. June 15, 2007. Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. The abundance of case law allowing extrinsic evidence, however, suggests that the exception will continue. Texas follows the American Rule LEXIS 7982 (Tex. Insrs v. American Home Assur. The Burches were the plaintiffs, and were also the petitioners for declaratory relief. See Hartford Ins. Acts 2007, 80th Leg., R.S., Ch. The claims involved crop-dusting, which allegedly damaged abutting fields because of herbicide drift. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. . A justiciable controversy may nonetheless exist where no other cause of action is available or has ripened. The Texas Civil Practice and Remedies Code Section 37.005. provides that: Ins. Austin, TX 78746 1998), overruled on other grounds, State Farm Fire & Cas. The declaratory action may also bring the coverage issues into focus for the plaintiff, and assist the insured in negotiating settlement. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. Recent cases discussing the enforceability of policy buy-backs suggest there may be other exceptions in which a statutory insurance requirement renders a claimant an intended beneficiary. Texas Air Control Bd., 852 S.W.2d at 444. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for." - Texas Uniform Declaratory Judgments Act C.M.W., 53 S.W.3d 877 (Tex. Co. v. Cowan, 945 S.W.2d 819 (Tex. %PDF-1.5 1994). Rule 38(c), TEX. In re Houston Specialty Insurance Co., 569 S.W.3d 138 (Tex. 7/22/14 N/A Yes . 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. 855, Sec. Ins. . denied); cf. See, e.g., Standard Fire Ins. Civ. A Declaratory Judgment allows you to establish with your court what your rights are before you take steps which might involve you in costly litigation. 140 0 obj <> endobj The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. Under Texas law, a duty to defend is determined by the complaint allegation rule. Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir. Ins. See United Services Life Ins. App.El Paso 1976, writ refd n.r.e.) TO PREVENT COSTLY LITIGATION, LOSS, DEBT, DAMAGE, AND PENALTIES: It should be the primary purpose of the State to save its citizens from injury, debt, damage and penalties; and to this end the highest function of the court ought to be to decide, when possible, the controversies of parties before any loss has been suffered or any offense committed. ~Uniform Declaratory Judgments Act Reasons for Adoption 1922. See, e.g., State Farm Lloyds v. 1787), Sec. Cf. A. While federal abstention doctrine is equally applicable to declaratory judgments action, courts are particularly vigilant in exercising their discretion to protect comity and prevent forum shopping. VERHOEV V.PROGRESSIVE COUNTY MUTUAL INS.CO., 300 S.W.3D 803 (TEX.APP.. - FT.WORTH 2009) Personal auto policy Glenn and Kim Verhoev both named insureds $250,000 limits (UM/UIM) Divorced prior to issuance of policy and accident Kim injured severely in a single vehicle roll over as a passenger in a vehicle driven and owned by Glenn Kim pursued both a liability claim against Glenn Under this rule, the insurers defense obligations are determined by the allegations of the pleadings and the language of the insurance policy, without regard to the actual facts. Code 6.305 (a) (1)- (2). 28 U.S.C. If you would like additional TRAINING: You canHIRE the PALMERS** to teach your attorney how to argue the declaratory judgment motions for you in your family law or divorce case. After St. Paul filed its declaratory action in federal court, the claimant filed suit in state court in the same court in which the two prior suits had been filed. The declaratory judgment is to also help you prevent additional costly litigation as stated above. See Bailey, 133 F.3d at 369 n.4; Travelers Ins. The dispute was over an unscheduled vehicle. o FRCP Rule 57. LEXIS 1736 (Tex. Civ. App.Dallas 2001, pet. In Natl Union Fire Ins. See Tri-Coastal Contractors, Inc. v. Hartford Undwrs Ins. There are exceptions, however, (1) when conduct estops a party from asserting prior active jurisdiction; (2) where parties are lacking; or (3) where there is lack of intent to prosecute. Acts 1985, 69th Leg., ch. 1965, writ refd n.r.e.) SEGURA.POSTMACRO.3 (DO NOT DELETE) 6/19/2015 8:20 AM DISPUTING THE BOUNDARY OF THE DECLARATORY JUDGMENTS ACT Philip Thomas Segura* I. TRESPASS TO TRY TITLE OR DECLARATORY JUDGMENTS ACT Texas state law provides that "[a] trespass to try title action is the method of determining title to lands, tenements, or other real property."1 In Texas, this is the only method of resolving property . ***It is your responsibility to make sure that this is appropriate for your individual case. Co. v. Trejo, 39 F.3d 585 (5th Cir. Therefore, the claimants should not be necessary or indispensable parties, prior to the settlement or judgment. Co. v. Griffin, 955 S.W.2d 81, 82-84 (Tex. See Travelers Ins. A number of issues arise in regard to discovery in a declaratory judgment action. Why File a Declaratory Judgment in State Court? Civ. Ins. and that a prior judgment is void. Go to this page for more information on this path: Federal Court Declaratory Relief Declaratory Judgment sample motions. Tex. 37 Declaratory Judgments Texas Family Law Manual KFT 1294.T4S7 Ch. P., also addresses declaratory judgments, by reference to 28 U.S.C. Civ. The federal act allows the court to declare the rights of any interested party.. Tex. Start with the updated Protecting Family Rights course. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. & Ind. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. Id. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. In Bradleys Electric, the court rejected an argument from the insured that the county where the insurance contract was negotiated and executed was the only proper venue, but recognized it was also proper. Civ. 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. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. App.Houston [1st Dist.] P. 76A; 192.6(b)(5). 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. "CI@ { cvO(|t4X & endstream endobj 141 0 obj <. 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. She enables parents and attorneys to assert rights and convert the constitutional principles into everyday practice and natural language. See Farmers Tex. There is nothing that we find in the Declaratory Judgment Act that precludes you from filing this and asking your court to make this determination while you are in litigation. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. 1998); Monticello Ins. 131 (E.D. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. 1997); Heyden Newport Chemical Corp. v. So. The Federal act is broader in scope. [iii] Ibid Uniform Declaratory Judgments Act, [iv]Ibid Uniform Declaratory Judgments Act, [v] Ibid Uniform Declaratory Judgments Act, [vi] Ibid Uniform Declaratory Judgments Act. Jan. 25, 2019) is a mandamus case involving an insurer's motion to dismiss a declaratory judgment action by a law firm seeking a declaration of non-liability for malpractice in representing the insurer and advising it did not owe a defense in an underlying suit. The focus is on the factual allegations that show the origin of damages, rather than the legal theories alleged. One reason proffered is the possibility of inconsistent outcomes. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. 37.002. Sec. You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing. App.Dallas 2001, no pet.) 1996) (insurer not estopped from litigating employment issue). Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. See McCarthy Bros. Co. v. Continental Lloyds, 7 S.W.3d 725 (Tex. 37.008. Co. of N. App.Corpus Christi 1982, no writ), the court declared that the rule was that use of extrinsic evidence was allowed to determine coverage, but not to determine facts that would establish the insurers liability. ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ Co. v. Patriot Sec., Inc., 926 F.Supp. Co. v. Sec. 37.006. 168 0 obj <>/Filter/FlateDecode/ID[<9A8DD3395C28F34D981E9CD96490FD9D>]/Index[140 50]/Info 139 0 R/Length 129/Prev 481282/Root 141 0 R/Size 190/Type/XRef/W[1 3 1]>>stream Local venue flavor/influences II. No. Co., 316 U.S. 491 (1942); Wilton, 515 U.S. 277. recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded.

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