Falls County v. Perkins and Cullum

Appellant filed a suit for declaratory judgment, then moved for a non-suit pursuant to TEX. R. CIV. P. 162. The appellees, Perkins and Cullum, moved for relief under rule 162 to recover attorneys fees. The trial court granted the appellants request for non-suit but ordered that appellees recover reasonable and necessary attorneys fees and costs of court. Appellant appeals the judgment for attorneys fees and costs.