Mootness exception: Attorney fee claim may survive even though underlying dispute becomes moot

WHEN THE MOOTNESS DOCTRINE DISPOSES OF THE DISPUTE THAT SPURRED THE LAWSUIT, BUT NOT OF THE PLAINTIFF'S CLAIM FOR ATTORNEY FEES 

A court cannot decide a case that becomes moot during the pendency of the litigation. Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012). A case is moot if "there has ceased to exist a justiciable controversy between the parties." Id. In a declaratory judgment action, a justiciable controversy exists concerning the rights and status of the parties when the controversy will be resolved by the declaration sought. Robinson v. Alief Indep. Sch. Dist., 298 S.W.3d 321, 324 (Tex. App.-Houston [14th Dist.] 2009, pet. denied). But no justiciable controversy exists if the issues presented are no longer "live" or if the parties lack a legally cognizable interest in the outcome. Heckman, 369 S.W.3d at 162.

However, a "live" issue in controversy exists when there is a question about whether a party has a legally cognizable interest in recovering attorney's fees and costs. Camarena v. Tex. Emp't Comm'n, 754 S.W.2d 149, 151 (Tex. 1988); see also Allstate Ins. Co. v. Hallman, 159 S.W.3d 640, 643 (Tex. 2005) (holding that party's interest in obtaining attorney's fees "breathe[d] life" into appeal of declaratory judgment where underlying claims had become moot).

SOURCE: SOURCE: TYLER COURT OF APPEALS - 12-13-00231-CV - 1/15/2014 Pate v. Edwards (public employment dispute with declaratory judgment claim alleging violation of state constitutional rights and seeking injunctive relief).

PARTY MAY STILL SEEK ATTORNEY'S FEES  UNDER SOME CIRCUMSTANCES WHEN CLAIM BECOMES MOOT:  DJA AUTHORIZES SUCH FEES AND DOES NOT LIMIT THEM PREVAILING PLAINTIFFS 

The Uniform Declaratory Judgments Act authorizes an award of attorney's fees on an equitable basis. See TEX. CIV. PRAC. & REM. CODE ANN. § 37.009 (West 2008). Thus, in a declaratory judgment action, a party need not "substantially prevail" in the litigation to receive attorney's fees. Barshop v. Medina County Underground Water Conservation District 925 S.W.2d 618, 637-38 (Tex. 1996). Instead, a trial court may award just and equitable attorney's fees to a nonprevailing party. Texas A&M Univ.-Kingsville v. Lawson, 127 S.W.3d 866, 874-75 (Tex. App.-Austin 2004, pet. denied).

Even though Edwards's underlying constitutional claims are moot, her claim for attorney's fees is a separate controversy that persists. See Camarena, 754 S.W.2d at 151. Further, Edwards obtained a ruling in her favor before the case was rendered moot. The trial court awarded her a temporary restraining order and a temporary injunction. Because there is a question about whether Edwards has a legally cognizable interest in recovering attorney's fees and costs, her claim for attorney's fees is a live controversy and not moot. See id.

We overrule Pate's sole issue as to Edwards's claim for attorney's fees.

SOURCE: Pate v. Edwards, Tex: Court of Appeals (Tyler), 12th Dist. 2014

Declarations as a form of judicial relief (under the DJA)

Declaratory relief under the DJA (Declaratory Judgments Act)
   

CLAIMS UNDER THE TEXAS VERSION OF THE UNIFORM DECLARATORY JUDGMENTS ACT (UDJA)

Under the declaratory judgment act, "[a] person interested under a . . . written contract. . . may have determined any question of construction or validity arising under the . . . contract . . . and obtain a declaration of rights, status, or other legal relations thereunder." See Tex. Civ. Prac. & Rem. Code Ann. § 37.004 (West 2008). 

A declaratory-judgment proceeding is "an additional remedy and does not supplant any existing remedy, but is intended as a speedy and effective remedy for the determination of the rights of the parties when a real controversy has arisen." Cobb v. Harrington, 144 Tex. 360, 190 S.W.2d 709, 713 (Tex. 1945). A declaratory-judgment action "is appropriate when a justiciable controversy exists as to the rights and status of the parties and the controversy will be resolved by the declaration sought." Texas Health Care v. Seton Health Plan, Inc., 94 S.W.3d 841, 846 (Tex. App.-Austin 2002, pet. denied). 
  
A declaratory-judgment action may not be used to obtain an advisory opinion. Transportation Ins. Co. v. WH Cleaners, Inc., 372 S.W.3d 223, 227 (Tex. App.-Dallas 2012, no pet.) (explaining that declaratory-judgment action is proper only when justiciable controversy exists). In other words, the declaratory-judgment statute does not empower courts to comment on "hypothetical or contingent situations, or to determine questions not then essential to the decision of an actual controversy." Texas Health Care, 94 S.W.3d at 846.

SOURCE: AUSTIN COURT OF APPEALS - 03-10-00784-CV - 01/4/2013