Fiamma Statler, LP, Fiamma Partners, LLC, and Fiamma Management Group, LLC v. Matthew D. Challis and Jefferies, LLC

• Court: Court of Appeals of Texas
• Decided: October 29, 2020
• Docket: 02-18-00374-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00374-CV

FIAMMA STATLER, LP, FIAMMA § On Appeal from the 342nd District Court PARTNERS, LLC, AND FIAMMA and the 141st District Court MANAGEMENT GROUP, LLC, § Appellants and Appellees of Tarrant County (342-303752-18; § 342-294034-17; and 141-294034-17)

V. § October 29, 2020

§ Memorandum Opinion by Justice Gabriel

MATTHEW D. CHALLIS AND § Concurring and Dissenting Memorandum JEFFERIES, LLC, Appellees and Opinion by Chief Justice Sudderth Appellants

JUDGMENT

This court has considered the record on appeal regarding the trial court’s

June 15, 2018 order granting Matthew D. Challis and Jefferies, LLC’s renewed motion

to dismiss and holds there was no reversible error. The order is affirmed.

This court has also considered the record on appeal regarding the trial court’s

January 31, 2019 order regarding attorney’s fees and costs and holds that there were

errors in the order. We reverse that portion of the trial court’s January 31, 2019 order regarding trial attorney’s fees and remand the issue to the trial court to redetermine

the reasonable and necessary trial attorney’s fees incurred by Challis and Jefferies. We

also remand the issue of Challis and Jefferies’s appellate attorney’s fees for the trial

court to redetermine and enter an express award for appellate attorney’s fees. We

reverse that portion of the trial court’s order awarding a specific amount of costs and

remand for the taxation of costs by the trial court clerk; however, we affirm the trial

court’s determination that Challis and Jefferies were entitled to a costs award.

It is further ordered that Fiamma Statler, LP; Fiamma Partners, LLC; and

Fiamma Management Group, LLC shall bear all costs of this appeal, for which let

execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Lee Gabriel Justice Lee Gabriel