(DOWNLOAD) "Mccalla v. Ski River Development Inc." by Wisconsin Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Mccalla v. Ski River Development Inc.
- Author : Wisconsin Court of Appeals
- Release Date : January 10, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
In a previous appeal involving these parties, this Court affirmed the judgment in part, reversed the judgment in part, and remanded the case to the trial court to determine whether to award attorneys fees to Ski River Development, Inc., Stephen R. Davis, and Karen Davis under the Declaratory Judgment Act. See Ski River Dev., Inc. v. McCalla, 167 S.W.3d 121, 143-44 (Tex. App.--Waco 2005, pet. denied). On remand, the court awarded Ski River and the Davises $100,000 in trial attorneys fees and $30,000 in appellate attorneys fees. Anthony and Cheryl McCalla contend in four issues that the attorneys fee award is improper because: (1) the Davises failed to segregate the amount of attorneys fees incurred as a result of their claim for declaratory relief from their other claims; (2) the amount of attorneys fees awarded is not equitable or just; (3) the Davises have impermissibly asserted a counterclaim under the Declaratory Judgment Act as a vehicle for recovering attorneys fees; and (4) there is no evidence or factually insufficient evidence to prove that the amount of attorneys fees awarded was reasonable or necessary. We will reverse and remand because the Davises failed to properly segregate their attorneys fees.