WESTERN MARKETING INC v. AEG PETROLEUM LLC (2021)

Court of Appeals of Texas, Amarillo.

WESTERN MARKETING, INC. and Todd Pitts, Appellants v. AEG PETROLEUM, LLC, Appellee

No. 07-20-00093-CV

Decided: March 18, 2021

Before QUINN, C.J., and PARKER, and HATCH,1 JJ.

Stephanie J. James, Jennie C. Knapp, Roger S. Cox, Amarillo, for Appellants Pitts, Todd. Bradley C. Weber, Dallas, Mark S. Logsdon, Amarillo, Susan A. Kidwell, Austin, for Appellee. Penn C. Huston, Jeffrey R. Elkin, for Appellants Western Marketing.

OPINION ON MOTIONS FOR REHEARING

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 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

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