Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
11 Texas opinions name it 3 courts 2006–2026 3 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
First City National Bank of Midland v. Concord Oil Co.green2 sentences2006First City Nat'l Bank of Midland v. Concord Oil Co. , 808 S.W.2d 133, 138 (Tex. App.—El Paso 1991, no writ). 2006First City Nat’l Bank of Midland v. Concord Oil Co., 808 S.W.2d 133, 138 (Tex.App.-El Paso 1991, no writ). | 3 | 3 |
Save Our Springs Alliance, Inc. v. Lazy Nine Municipal Utility District Ex Rel. Board of Directorsgreen2 sentences2020“Once a plaintiff claims relief under the Declaratory Judgments Act, the mirror-image rule does not prohibit the trial court from awarding attorney’s fees even if the defendant’s counterclaim for declaratory relief only duplicates the claims already raised.” Save Our Springs, 198 S.W.3d at 318 . 2020As discussed above, when, as here, the plaintiff requests declaratory relief, the mirror-image rule does not prohibit the trial court from awarding attorney fees. 20 See Castille, 2017 WL 3910918 , at *11; Save Our Springs All., 198 S.W.3d at 318 . | 1 | 4 |
Breitenfeld v. SAS Institute, Inc.green2 sentences2015Thomas,902 S.'W.2d at 626; Breitenfeld v. ,Sl,S Institute, Inc., 147 S.W.3d 672, 679-80 (Tex. App.-Dallas 2004, no pet.) ("attorney's fees are not authorized where a counterclaim requests a declaratory judgment that is the mirror image of a claim akeady asserted by an adversary in the suit"). 2015Thomas v. Thomas, 902 17 4819-7441-3093.v1 S.W.2d 621, 626 (Tex. App.—Austin 1995, writ denied); Breitenfeld v. SAS Institute, Inc., 147 S.W.3d 672 , 679–80 (Tex. App.—Dallas 2004, no pet.) (“attorney’s fees are not authorized where a counterclaim requests a declaratory judgment that is the mirror image of a claim already asserted by an adversary in the suit”). | 1 | 2 |
Howell v. Mauzygreen1 sentence2026This mirror-image rule prohibits the invocation of a declaratory judgment counterclaim “that presents no new controversy.” Howell v. Mauzy, 899 S.W.2d 690, 706 (Tex. -4- 04-25-00104-CV App.—Austin 1994, writ denied). | 1 | 1 |
Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson Countygreen1 sentence2026Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012) (footnotes omitted). [¶ 110] Likewise, the Mavericks’ declaratory judgment action subsumed the Stars’ requested defensive declarations that the April 2nd Order also mooted. 96 Mavericks’ Counterclaim DJ Motion Reply at 8-13. -38- [¶ 111] Finally, the Stars correctly cited several cases for the point that the mirror image rule does not necessarily negate a declaratory judgment counterclaim,97 but those cases mean only that the defendant can still recover their fees under Civil Practice and Remedies Code § 37.009. | 1 | 1 |
BHP Petroleum Co., Inc. v. Millardgreen1 sentence2026See BHP Petroleum, 800 S.W.2d at 842 . | 1 | 1 |
Winslow v. Ackergreen1 sentence2026An exception to this rule exists when the declaratory judgment counterclaim “has greater ramifications than the original suit.” Winslow v. Acker, 781 S.W.2d 322, 328 (Tex. App.—San Antonio 1989, writ denied). | 1 | 1 |
Elder v. Brogreen1 sentence2013Bd. of Directors, 198 S.W.3d 300, 318 (Tex.App.-Texarkana 2006, pet. denied) (“Once a plaintiff claims *776 relief under the Declaratory Judgments Act, the mirror-image rule does not prohibit the trial court from awarding attorney’s fees even if the defendant’s counterclaim for declaratory relief only duplicates the claims already raised.”); Elder v. Bro, 809 S.W.2d 799, 801 (TexApp.-Houston [14th Dist.] 1991, writ denied) (“In a suit where the plaintiff seeks a declaratory judgment, a counterclaim for declaratory relief is available to settle the dispute which was brought in the original acti | 1 | 1 |
Hawkins v. Texas Oil and Gas Corp.green1 sentence2013Bd. of Directors, 198 S.W.3d 300, 318 (Tex.App.-Texarkana 2006, pet. denied) (“Once a plaintiff claims *776 relief under the Declaratory Judgments Act, the mirror-image rule does not prohibit the trial court from awarding attorney’s fees even if the defendant’s counterclaim for declaratory relief only duplicates the claims already raised.”); Elder v. Bro, 809 S.W.2d 799, 801 (TexApp.-Houston [14th Dist.] 1991, writ denied) (“In a suit where the plaintiff seeks a declaratory judgment, a counterclaim for declaratory relief is available to settle the dispute which was brought in the original acti | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Washington Square Financial, L.L.C. D/B/A Imperial Structured Settlements v. RSL Funding L.L.C.
green
1 sentence2020The rationale is that, because a court may award attorney’s fees to either party under the Act, “a defendant that raises a mirror- image counterclaim in response to the plaintiff’s declaratory-judgment claim cannot be said to have raised the counterclaim solely to pave the way for an award of otherwise-impermissible attorney’s fees.” Washington Square, 418 S.W.3d at 776 ; see Castille v. Serv. | 1 | 2020–2020 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.