In Alpert v. Riley, 274 S.W.3d 277 (Tex. App.—Houston [1st Dist.] 2008, pet. filed), the trial court denied Beneficiaries’ request to have attorney’s fees awarded against Trustee and Beneficiaries appealed. The appellate court reversed. Under Trust Code § 114.064, the trial court has the discretion to make an award of attorney’s fees as it determines to be “equitable and just.” Because of the way in which the appellate court disposed of other issues in this case, the court held that the trial court needed to make a redetermination of whether an award of fees would now be appropriate.
Moral: The trial court’s determination whether to award, or not award, attorney’s fees may need to be reexamined after an appellate court disposes of other issues in the case.
