W. G. Ellis v. G. C. Waldrop Et Al‪.‬

G. C. and Thomas Coleman Waldrop, respondents, filed a declaratory judgment action seeking to remove cloud on the title to a tract of land created by a recorded right of first refusal held by W. G. Ellis, petitioner. Respondents Richard A. Aghamalian, Robert Mahoney and Brad L. Wilemon filed cross-claims against Ellis for damages arising from slander of title or cloud of title. After a jury trial, the trial court rendered judgment canceling Ellis right of first refusal and removing cloud of title on the property; awarding damages to Wilemon and Mahoney for slander of title, and; awarding attorney fees to Wilemon, Mahoney and the Waldrops. The court of appeals affirmed. 627 S.W.2d 791. We affirm the judgment of the court of appeals in part, but reverse that part of the judgments of the courts below awarding damages for slander of title and awarding attorney fees to the Waldrops.