Fiamma Statler, LP, Fiamma Partners, LLC, and Fiamma Management Group, LLC v. Matthew D. Challis and Jefferies, LLC ( 2020 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-18-00374-CV
FIAMMA STATLER, LP, FIAMMA § On Appeal from the 342nd District Court
PARTNERS, LLC, AND FIAMMA and the 141st District Court
MANAGEMENT GROUP, LLC, §
Appellants and Appellees of Tarrant County (342-303752-18;
§ 342-294034-17; and 141-294034-17)
V. § October 29, 2020
§ Memorandum Opinion by Justice Gabriel
MATTHEW D. CHALLIS AND § Concurring and Dissenting Memorandum
JEFFERIES, LLC, Appellees and Opinion by Chief Justice Sudderth
Appellants
JUDGMENT
This court has considered the record on appeal regarding the trial court’s
June 15, 2018 order granting Matthew D. Challis and Jefferies, LLC’s renewed motion
to dismiss and holds there was no reversible error. The order is affirmed.
This court has also considered the record on appeal regarding the trial court’s
January 31, 2019 order regarding attorney’s fees and costs and holds that there were
errors in the order. We reverse that portion of the trial court’s January 31, 2019 order
regarding trial attorney’s fees and remand the issue to the trial court to redetermine
the reasonable and necessary trial attorney’s fees incurred by Challis and Jefferies. We
also remand the issue of Challis and Jefferies’s appellate attorney’s fees for the trial
court to redetermine and enter an express award for appellate attorney’s fees. We
reverse that portion of the trial court’s order awarding a specific amount of costs and
remand for the taxation of costs by the trial court clerk; however, we affirm the trial
court’s determination that Challis and Jefferies were entitled to a costs award.
It is further ordered that Fiamma Statler, LP; Fiamma Partners, LLC; and
Fiamma Management Group, LLC shall bear all costs of this appeal, for which let
execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Lee Gabriel
Justice Lee Gabriel