Western Marketing, Inc. and Todd Pitts v. AEG Petroleum, LLC

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-20-00093-CV

WESTERN MARKETING, INC. AND TODD PITTS, APPELLANTS

V.

AEG PETROLEUM, LLC, APPELLEE

On Appeal from the 251st District Court Potter County, Texas Trial Court No. 108927-C-CV, Honorable Ana Estevez, Presiding

March 18, 2021

OPINION ON MOTIONS FOR REHEARING Before QUINN, C.J., and PARKER, and HATCH,1 JJ.

Pending before the court are cross-motions for rehearing. We grant that of

appellants Western Marketing, Inc., and Todd Pitts to the extent it seeks remand of the

question regarding attorney’s fees, court costs, and sanctions. We deny that of AEG

Petroleum, LLC. So too do we modify our original opinion and judgment to the extent that

we affirmed that portion of the trial court’s order denying appellants’ request for attorneys’

fees, costs of court, and sanctions sought pursuant to Texas Civil Practice and Remedies

1 Honorable Les Hatch, Judge, 237th District Court, sitting by assignment. Code, sections 27.009(a)(1) and (2). We reverse that part of the trial court’s order as well

and remand to the trial court the question of awarding such fees, costs, and sanctions in

accordance with those statutory provisions. See D Magazine Partners, L.P. v. Rosenthal,

529 S.W.3d 429, 442 (Tex. 2017); see also Mesquite Servs., LLC v. Standard E & S, LLC,

610 S.W.3d 548, 566 (Tex. App.—Amarillo 2020, pet. filed).

Brian Quinn Chief Justice