Poole Point Subdivision Homeowners' Association and Poole Point Architectural Control Committee v. Sean DeGon and Erie DeGon

• Court: Court of Appeals of Texas
• Decided: March 24, 2022
• Docket: 03-20-00618-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 24, 2022

NO. 03-20-00618-CV

Poole Point Subdivision Homeowners’ Association and Poole Point Architectural Control Committee, Appellants

v.

Sean DeGon and Erie DeGon, Appellees

APPEAL FROM COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY BEFORE JUSTICES BYRNE, BAKER, AND SMITH REVERSED AND REMANDED -- OPINION BY JUSTICE BAKER

This is an appeal from the judgment signed by the trial court on October 1, 2020. 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 trial court’s judgment and remands the

case to the trial court to reconsider the award of attorneys’ fees under section 37.009 of the

UDJA. We also remand the cause to the trial court to consider appellants’ counterclaims and

request for attorneys’ fees pursuant to section 5.006 of the Texas Property Code. Appellees shall

pay all costs relating to this appeal, both in this Court and in the court below.