[DOWNLOAD] "Mcnally v. Guevara" by Texas Supreme Court * eBook PDF Kindle ePub Free

eBook details

Title: Mcnally v. Guevara
Author : Texas Supreme Court
Release Date : January 28, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

Description

On Petition for Review from the Court of Appeals for the Third District of Texas R. Stephen McNally owns an easement ""for driveway purposes"" on land owned by Joseph Guevara and Maria Trevino. McNally sued Guevara and Trevino for a declaration that the easement could be used not only for access but also for parking. The defendants counterclaimed for a declaration that the easement could not be used for parking and for attorney fees. The defendants filed a motion for summary judgment that addressed only the easement issues and not their claim for attorney fees. The trial court granted the motion and signed a document captioned ""Judgment"" that: recited that the defendants' motion ""should be in all things granted""; stated that defendants were entitled as a matter of law to ""prevail on their claims for relief under the Uniform Declaratory Judgments Act""; declared the extent of the easement in dispute; and taxed all costs against the plaintiff. The judgment did not refer to the defendants' claim for attorney fees. McNally appealed but also moved to dismiss his own appeal on the ground that the judgment was not final because it did not dispose of the defendants' claim for attorney fees. The defendants argued to the court of appeals that they had abandoned their claim for attorney fees by not including it in their motion for summary judgment. A divided court of appeals agreed with the defendants, noting that the award of costs also indicated finality. 989 S.W.2d 380 (Tex. App.-Austin 1999). The court affirmed the trial court's judgment.