United States Fifth Circuit

In an action to quiet title to land upon which Plaintiff creditors foreclosed, judgment for Plaintiffs is affirmed in part, where the land was not a homestead under Texas law, but reversed in part, where attorneys' fees are not proper under the Texas Declaratory Judgment Act.

Appellate Information

• Decided 04/01/2009
• Published 04/01/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, BARKSDALE and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Barbara Whiten Balliette (argued), Clifford Hugh Walston (argued), Diamond, McCarthy, Taylor, Finley & Lee, LLP, Austin, TX, for Plaintiffs-Appellees., Frederick Leighton Durham, III (argued), Kirk Louis Pittard, Cheyenne J. Robertson, Durham & Pittard, LLP, Dallas, TX, for Defendants-Appellants.