Megatel Homes III, LLC v. Woodhull Ventures 2015, L. P.

Court of Appeals of Texas·Decided July 7, 2023·No. 03-21-00390-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 7, 2023

NO. 03-21-00390-CV

Megatel Homes III, LLC, Appellant

v.

Woodhull Ventures 2015, L. P., Appellee

APPEAL FROM 425TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES SMITH AND JONES AFFIRMED IN PART; REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE SMITH

This is an appeal from the judgment signed by the trial court on May 12, 2021. Having reviewed

the record and the parties’ arguments, the Court holds that there was reversible error in the

court’s judgment. Therefore, the Court reverses the portions of the trial court’s final judgment as

related to the denial of Megatel’s award of attorney’s fees incurred in defending against

Woodhull’s Rule 91a motion. We affirm the remainder of the judgment. We remand the case to

the trial court for further proceedings consistent with the Court’s opinion. Each party shall bear

their own costs relating to this appeal, both in this Court and in the court below.

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