IN THE

TENTH COURT OF APPEALS

No. 10-15-00361-CV

CRAIG CHAMPION,

Appellant

v.

FRANK RAMSEY, RAMSAY RAMSEY, 

RANDAL RAMSEY, AND DBA SUMMIT 

PROPERTIES AND MANAGEMENT COMPANY,

Appellees

From the 85th District Court

Brazos County, Texas

Trial Court No. 11-000044-CV-85

MEMORANDUM OPINION

Craig Champion appeals from a judgment that awarded attorney's fees to Frank 

Ramsey, Ramsay Ramsey, Randal Ramsey, and d/b/a Summit Properties and 

Management Company after this case was remanded to the trial court for that purpose 

in an earlier appeal. See Ramsey v. Champion, No. 10-12-00394-CV, 2014 Tex. App. LEXIS 
Champion v. Ramsey Page 2

5008 (Tex. App.—Waco May 8, 2014, pet. denied) (mem. op.). Champion argues that the 

trial court did not have authority to award attorney's fees. Because we find no reversible 

error, we affirm the judgment of the trial court. 

ATTORNEY'S FEES

The factual background of the case is not at issue in this appeal of attorney's fees 

and is set forth in our prior opinion. See Ramsey v. Champion, 2014 Tex. App. LEXIS 5008. 

The third issue in the earlier appeal was whether the trial court had erred in refusing to 

award attorney fees to the Ramseys. In their initial briefs to this Court, both parties 

referred to the Declaratory Judgment Act in their discussion regarding attorney's fees. 

The Court addressed the issue as follows:

Attorney's Fees

In their third issue, the Ramseys argue that the trial court erred by 

refusing to award attorney's fees to them in this matter. This claim is in the 

nature of a declaratory judgment action, for which attorney's fees may be 

recoverable. See TEX. CIV. PRAC. & REM. CODE ANN. § 37.009 (West 2008). 

Certainly, in the exercise of its discretion in a declaratory judgment action, 

the trial court may award attorney's fees to the prevailing party, may 

decline to award attorney's fees to either party, or may award attorney's 

fees to the nonprevailing party, regardless of which party sought 

declaratory relief. Brookshire Katy Drainage Dist. v. Lily Gardens, LLC, 333 

S.W.3d 301, 313 (Tex. App.—Houston [1st Dist.] 2010, pet. denied). 

However, because we have found that the trial court erred by its 

declaratory judgment creating an easement by estoppel, we reverse the 

judgment regarding attorney's fees and remand this proceeding to the trial 

court for the trial court to reconsider in light of our decision. We sustain 

issue three. 
Champion v. Ramsey Page 3

After reversing the trial court and rendering judgment in favor of the Ramseys, 

this Court's judgment was to “remand to the trial court the issue of attorney’s fees and 

court costs for further proceedings.”

As we stated in the earlier opinion, the trial court was not required to award 

attorney's fees, but having reversed the declaratory judgment that the trial court had 

rendered, we were obligated to remand the proceeding to the trial court, so that the trial 

court could, in light of our decision, decide whether it would award attorney's fees under 

the statute.

Champion filed a motion for rehearing in the prior appeal, but did not complain 

about the Court’s holding on the issue of attorney's fees or to the Court’s judgment on 

this issue. Further, Champion did not raise the issue in his petition for discretionary 

review which was denied, thus finalizing this court’s opinion and judgment.

In this current appeal, Champion does not complain regarding the amount of 

attorney's fees awarded. Champion's argument is limited to the propriety of the award 

of any attorney's fees because there is no legal basis upon which to award attorney's fees. 

That issue was previously decided and this Court's determination was not challenged in 

that appeal and we will not address it in this appeal. See Briscoe v. Goodmark Corp., 102 

S.W.3d 714, 716 (Tex. 2003) ("Application of the [law of the case] doctrine lies within the 

discretion of the court, depending on the particular circumstances surrounding that 

case."). We overrule Champion’s sole issue and affirm the trial court’s judgment.
Champion v. Ramsey Page 4

MOTION FOR SANCTIONS

In their brief, the Ramseys move for sanctions against Champion for filing a 

frivolous appeal. That motion remains pending. If Champion chooses to file a motion 

for rehearing, Champion is hereby notified that since the motion is still pending, a 

response to the Ramseys' motion may be filed and any response is due on or before the 

deadline for filing the motion for rehearing and may be incorporated into the same 

document.

CONCLUSION

Having found no reversible error, we affirm the judgment of the trial court. The 

motion for sanctions remains pending.

TOM GRAY

Chief Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Affirmed

Opinion delivered and filed April 14, 2016

[CV06]