Janna Russell v. David Christopher Russell

• Court: Court of Appeals of Texas
• Decided: September 29, 2015
• Docket: 14-13-01100-CV
• Status: Published

Opinion

September 29, 2015

JUDGMENT

The Fourteenth Court of Appeals JANNA RUSSELL, Appellant

NO. 14-13-01100-CV V.

DAVID CHRISTOPHER RUSSELL, Appellee ________________________________

This cause, an appeal from the judgment on remand signed September 10, 2013, was heard on the transcript of the record. We have inspected the record and find the trial court erred by failing to award appellant, Janna Russell, attorney’s fees for her recovery of awards for child-support arrearages or state good cause for denying her fees as required under Texas Family Code section 157.167, and by failing to consider appellant Janna Russell’s other asserted grounds for an award of attorney’s fees. We therefore order that the portion of the judgment awarding no attorney’s fees is REVERSED and ordered severed and REMANDED for a new trial on attorney’s fees in accordance with the instructions in this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order appellee, David Christopher Russell, to pay all costs incurred in this appeal.

We further order this decision certified below for observance.