Amoco Production Co. v. Wood
In Amoco Production Co. v. Wood, 113 S.W.3d 462 (Tex. App.--Texarkana 2003, no pet.), the court of appeals reversed the district court's summary judgment in favor of Wood and rendered judgment for Amoco. Id. at 467.
In its original opinion, the court of appeals did not address the issue of attorney's fees. See id.
Although it is unclear whether Amoco initially raised the issue on appeal, it sought rehearing asking the court of appeals to remand the case to the district court to consider whether, as the prevailing party, Amoco was entitled to its attorney's fees pursuant to the declaratory judgment act. Id. at 467.
The court of appeals granted rehearing and remanded the case for a determination of attorney's fees. Id. at 468.