Rule 166a - Summary Judgment. Declaratory Judgments Act) Texas CPRC Plus REF KFT 1728.A196 A2 CPRC Ch. Federal courts have typically held that declaratory relief is discretionary, and a federal court has broad authority to stay or dismiss an action seeking a declaratory judgment. The policy provided limits of $100,000 per occurrence and $200,000 in the aggregate. The North Dakota Supreme Court concluded the district court lacked subject matter jurisdiction because Appellants failed . A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate: (1) to ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) to direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; (3) to determine any question arising in the administration of the trust or estate, including questions of construction of wills and other writings; or. See Great American Ins. Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. Co v. RestoringFreedom2016.com Kash Jackson campaign for defunding Title IV-D, and restoring constitutional parental and child rights. The controversy is ripe, because the insurer is called upon to defend, and because the existence of coverage may impact the outcome of the suit. Id. Co., 387 S.W.2d 22, 25 (Tex. Tex. App.Corpus Christi 1997, no pet.) dismd by agrmt.) Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5th Cir. Prac. 1445(c) and federal abstention principles. App.Houston [14th Dist.] P., also addresses declaratory judgments, by reference to 28 U.S.C. As amended through January 27, 2023. (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. (1) a party seeking declaratory relief that is a business that is: (A) organized under the laws of this state or is otherwise owned by a resident of this state; or (B) a retailer registered with the comptroller under Section 151.106, Tax Code; and (2) a responding party that: (A) is an official of another state; and 131 (E.D. A declaratory judgment must be based on an actual controversy, and cannot be merely advisory. (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. Foust v. Ranger Ins. Court refused this collateral attack on prior judgment by declaration. In Gonzales v. American States Ins. 959, 1, eff. Definition of Declaratory Judgment Noun A legal determination, made by a court, resolving a legal uncertainty within a legal action by outlining the facts of the case before it. Civ. (a) In this section, "state" includes any political subdivision of that state. 1996). 713-403-8210, 601 Poydras Co., 143 F.3d 192 (5th Cir. The purpose of a Declaratory Judgment is to protect you, your child, your relationship with your child, your property, and your money from your ex and the state: The purpose of the Act and its effect is to enable the citizen to procure from a court guidance which will keep him out of trouble and to procure that guidance with materially less expense than he would have to incur if he should wait until the trouble came before having recourse to the court.[iv], It concerns itself not only with contracts, but withrespect to titles to property, and particularly with the status of family relations, man and wife, parent and child, guardian and ward, and also with provisions of trust.[v], This act is declared to be remedial; its purpose it to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.[vi], Sec. 97, 99 (E.D. 1992), cert. denied) (failure to satisfy burden is not finding of proof of opposite). 305 (H.B. Because there was no judgment in the liability suit, the court concluded that any declaration regarding indemnity would be purely hypothetical.1 In 1997, the Supreme Court concluded that the law had changed, however, and determined that a declaration of indemnity was available, when the same facts that defeated a duty to defend also defeated a duty to indemnify. !`g)a00-k@@eU (a) This chapter may be cited as the Uniform Declaratory Judgments Act. 2.401 (a) (West 2006) SHORT TITLE, CONSTRUCTION, INTERPRETATION. The trial court granted the man's petition for declaratory judgment and declared that the parties were never married to each other. Rule 57, FED. One common element circuit courts often point to is whether the suit was brought . The courts have recognized an exception when the liability insurance is statutorily required, and arguably for the benefit of the claimant, such as compulsory auto insurance or workers compensation. App. Prior to the Grapevine Excavation case, the Fifth Circuit had construed 38.006 to exempt insurers from paying attorneys fees in breach of contract actions. See, e.g., Standard Fire Ins. Sec. oEN>-BZ=/c]-ZP4U3o>0!f$F = FQfB@DlClYthnA mML.;Emu =uT (a) A court of record within its jurisdiction has power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment. App.Austin 2003, no pet. DECLARATORY JUDGMENTS 37.001. Co. v. Murray, 437 S.W.2d 264, 265-66 (Tex. Co. v. River Entertainment, 998 F.2d 311, 315 (5th Cir. Tex. Indemnity is based on the actual facts establishing liability in the underlying suit. 830-252-5100. Despite the complaint allegation rule, Texas courts have always recognized that there are circumstances in which the court must look to extrinsic evidence to determine whether a duty to defend exists. See State Farm Mut. All Rights Reserved. The award is subject to reversal only if it is arbitrary and unreasonable. Co. v. 2000) (staying declaratory action because of motion to join insurer in state court liability suit). The court remanded for consideration of these factors. 1978). As long as both parties agree to the three elements listed in Section 2.401, they meet the requirements of a common law marriage. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. C.M.W., 53 S.W.3d 877 (Tex. If no facts within the scope of coverage are alleged, an insurer is not required to defend. Sec.A37.003.AAPOWER OF COURTS TO RENDER JUDGMENT; FORM AND EFFECT. denied); see also State Farm Fire & Cas. App.El Paso 1976, writ refd n.r.e.) Co., 981 S.W.2d 861 (Tex. Default judgment presumes that the plaintiff spouse properly served the lawsuit on the defendant-and that the defendant then failed to respond in a timely manner, either by choice or due to neglect. The Western Heritage case epitomizes the argument for use of extrinsic evidence. Suite 1850 See Feria v. CU Lloyds of Texas, 2001 Tex. The Act provides you with a mechanism to get a ruling from the court before you are dragged through costly litigation. [i] UNIFORM DECLARATORY JUDGMENTS ACT paper by NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS at the conference in San Francisco on August 2-8, 1922. App.Fort Worth 2000, no pet.). This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability starts the statute of . 1974, no writ). In American Genl Fire & Cas. On the other hand, in some instances, principally those in which only indemnity is at issue, or where stay or abstention is likely, there may be no benefit to early filing. 4 . June 15, 2007. App.Amarillo 1997, no pet.). Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such. See, e.g., Dairyland County Mut. . The court may order a speedy hearing of a declaratory judgment action. Tex. B. Respondent misstates the current law in Texas. However, because family settlement agreements are treated as contracts under Texas law, it is important that all of the parties . Co., 96 S.W.3d 673 (Tex. Prac. Individuals may seek a declaratory judgment after a legal controversy has arisen . An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Texas Uniform Declaratory Judgments Act, You can get sample motions here: Declaratory Relief Declaratory Judgment and Rights. Ins. 2002); Monticello Ins. E.g., Wilton v. Seven Falls Co., 515 U.S. 277 (1995); American States Ins. Rules 38 and 39 govern a demand for a jury trial. Burch involved a declaration that the insurer owed defense, and also owed indemnity for the insureds liability for his wifes torts. Wade, 827 S.W.2d at 451. The county where the contract was formed may also be a proper venue. Yes*! Civ. App.Corpus Christi 2002, pet. Typically, the first-filed suit has dominant jurisdiction. denied). The Historic Hamm Building ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. A fee award is not mandatoryunder the UDJA . Therefore, either diversity or federal question jurisdiction must still exist. Co. v. Gandy, 925 S.W.2d 696 (Tex. Insrs v. American Home Assur. As such, there should be no collateral estoppel of the insurer, based upon the outcome of the issue in the underlying case. Mut. 37.004. h.). Co. v. Marathon Ashland Petrol., L.L.C., 87 F. Supp. LEXIS 8494 (Tex. Similarly, courts have held that an insurance company has no right to intervene in the liability action against the insured to seek a coverage determination. 3 0 obj Co. v. Trejo, 39 F.3d 585, 590 (5th Cir. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit. For more information, please contact the law firm at 817-335-8800. The Texas Civil Practice and Remedies Code Section 37.005. provides that: Fam. The court then noted the special concerns applicable in declaratory actions. Co. v. Ochoa, 19 S.W.3d 452 (Tex. Under Texas substantive law, attorneys fees may be available to the insured if the insurer has breached its duty to defend or indemnify. Co., 975 S.W.2d 329, 332 (Tex. In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. hb```c`` AX,$)00(IrZ Ny d3Vttt00 App.Dallas 1998, pet. 1969); Getty Oil v. Ins. Group, Inc., 946 F.Supp. Under federal law, the Declaratory Judgment Act, itself, does not authorize attorneys fees. On appeal, HTC challenged: " (1) the district court's exclusion of three of HTC's requested jury instructions; (2) the district court's declaratory judgment that Ericsson had complied with . See, e.g., Standard Fire Ins. 1998) (holding that Texas Declaratory Judgment Act was not controlling, substantive law, and did not justify fee award to defendants). Code 37.002 (b). The collision was also in Hidalgo County, as was the liability suit. (b) The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. CODE provides, in subpart (a), that: When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. See Granite State Ins. (a) When declaratory relief is sought, all persons who have or claim any interest that would be affected by the declaration must be made parties. While abstention doctrine is more frequently an issue in federal court, state courts can also abstain. DEFINITION. Sec. hbbd```b``3@$i6D2j`5`YOe= "Ydl_02]fIk`|g endobj 1998); see also Abraxas Petroleum Corp. v. Hornburg, 20 S.W.3d 741 (Tex. Rule 57. Dallas, TX 75201 1968). Ins. Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) Why File a Declaratory Judgment in State Court? e) Summary judgment is available in declaratory judgment actions. Volumes are organized by broad practice area and are generally sold individually, since few practitioners have need for all of them. We are not attorneys. Id. Determination of title is only dispute to be raised by declaratory judgment. If a proceeding under this chapter involves the determination of an issue of fact, the issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. 1996) (nevertheless refraining from determining coverage for indemnity, on the basis of judicial economy). (4) to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts. Co. v. Ward, 107 S.W.3d 820 (Tex. Sec. Coverage disputes under liability policies are well-suited for declaratory actions. Co. v. Tandy Corp., 986 F.2d 94, 95 (5th Cir. 1997); Trinity Universal Ins. 37.010. REVIEW. 2010), Sec. denied) (disallowing evidence of workers compensation payments to establish employment). 2000). The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. Co. v. Sassin, 894 F.Supp. We are not responsible for you using any of this information. Ellison sought a declaratory judgment to that effect and also brought claims for trespass to try title, trespass to real property, conversion, unlawful drainage, gross negligence, and nonpayment of oil and gas proceeds. These rules govern the procedure for obtaining a declaratory judgment under 18 U.S.C. Co., 579 S.W.2d 523 (Tex. In cases involving duty to indemnify, there may be issues as to whether the indemnity facts were fully litigated in an actual trial, or whether the facts can be re-litigated, construing Gandy and Maldonado. Courts have struggled with the issue of what can be resolved in the declaratory judgment action, when the issue determining coverage may also be material in the underlying case. Contact Us if you have questions.). Nevertheless, some courts have concluded that declaratory relief is inappropriate where another cause of action is fully mature and provides an appropriate remedy at law. 9 0 obj While federal abstention doctrine is equally applicable to declaratory judgments action, courts are particularly vigilant in exercising their discretion to protect comity and prevent forum shopping. 1994). It may be appropriate for courts to abstain, in certain circumstances. Sept. 1, 1985. Uniform Declaratory Judgment Act A party to a declaratory judgment claim may recover "reasonable and necessary attorney's fees as are equitable and just" under the Uniform Declaratory Judgment Act (UDJA), which is codified in Chapter 37 of the Texas Civil Practice and Remedies Code. Copyright 2013 - 2023. On the other hand, the existence of another remedy, or unresolved issues, does not preclude declaratory relief. 1, eff. Co. of Texas, 1998 Tex. A court can dismiss a declaratory action even if it fails to meet the stringent standards for abstention. App.Dallas 2001, no pet.) The court, however, concluded this was not a county in which a substantial part of the facts giving rise to the coverage dispute arose. Texas law does not require the couple to be together for a specific period of time before they can declare themselves to be in a common law marriage. App. The application must be by petition to a court having jurisdiction to grant the relief. Prac. See, e.g., State Farm Fire & Cas. 2201. Admiral Ins. App.Fort Worth 1998, no pet.) 2003) (finding Texas allows only narrow exception); but see Gonzales v. American States Ins. denied) (judgment of negligence in underlying case did not establish that negligent acts caused bodily injury, and did not preclude insurer from establishing intentional conduct); Deering Mgmt. 8. Since the duty to defend is based solely on the live pleadings, a declaratory judgment is arguably based only on the pleading in effect, and is not determinative as to any subsequent amended or supplemental pleading. 0 Utica Lloyds of Tex. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. 1787), Sec. Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let's tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action. In Gandy, the court broadened the scope of re-litigation, noting that in no event, however, is a judgment for plaintiff against defendant rendered without a fully adversarial trial, binding on defendants insurer . 37.0055. Co. of Texas v. Erskine, 169 S.W.2d 731 (Tex. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. App.Dallas 1992, writ denied) (insurer not collaterally estopped from challenging findings); United States Fire Ins. You can share these posts as long as you are linking to our posts. According to the Court of Appeals, a declaratory judgment under the UDJA is appropriate only if "a justiciable controversy exists as to the rights and status of the parties and the controversy will be resolved by the declaration sought," and the Act cannot be used to resolve a hypothetical or contingent situation. denied, 511 U.S. 1032 (1994). 1997) (whether vehicle was owned by insured); Harken Exploration Co. v. Sphere Drake Ins., PLC, 261 F.3d 466 (5th Cir. P. 26; Tex. 37.003. When there is uncertainty as to the legal obligations or rights between two parties, a declaratory judgment offers an immediate means to resolve this uncertainty. 189 0 obj <>stream 167, Sec. Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. (a) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder. Ins. The underlying liability suit arose from an accident in which one defendant, while intoxicated, hit the plaintiffs vehicle, killing their daughter. denied); Ranger Ins. The Burches were the plaintiffs, and were also the petitioners for declaratory relief. (no right to new trial because of amended petition where suit brought and determined based on prior petition). See, e.g., Western Heritage Ins. 1998, no pet.). In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. Sec. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. A declaratory judgments purpose is to prevent costly litigation, remove uncertainty, terminate the controversy[ii], and to protect its citizens from injury, debt, damage and penalties;before any loss has been suffered or any offense committed.. Co., 542 S.W.2d 429 (Tex. 1996) (insurer not estopped from litigating employment issue). Sherrys teachings are unique and cutting edge to the family law industry developed by her and her husband. 2002, no pet. )1^Hl]TgxY8Ubs,! 9@Dyp*l8sA!N\X A plaintiff is the side that starts the lawsuit by filing a complaint or petition with the court.A plaintiff files the lawsuit to get the court to force the defendant to do something, such as pay money damages. 1996). Co., 628 S.W.2d 184 (Tex. Ins. K-yXHMKS mmgOT}|aMz0. Co. v. Delaney, 386 S.W.2d 648 (Tex. CODE ANN. <> 1993); American States Ins. 2005); In re Marriage of Byrne, 179 Ill.App.3d 944 (1st Dist. Tuesday, February 28, 2023. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. Chapter 5 2 III. Unfortunately, while 38.001, et seq., may allow recovery of attorneys fees by the insured, in a proper case, it provides no basis for recovery of fees by an insurer. 1989). App.El Paso 2000, no pet. Civ. 1992); LaFarge Corp. v. Hartford Cas. The District Court of Delaware dismissed a generic drug company's declaratory judgment counterclaims of non-infringement and invalidity, finding that the court no longer had subject. 1995). Other Resources you might find helpful to help you get through the stress and emotional turmoil involved during the time that you have uncertainty and fear of losing your child and control over your life and your money: **It is your responsibility to prove that the PALMERS qualify as an expert in your state and can testify. 7 0 obj On the other hand, where the insured seeks a declaration that the insurer owes indemnity, before resolution of the underlying case, the opinion may be considered advisory, and declaratory relief may, indeed, be premature. Co. v. Carmichael, 1998 Tex. Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir. When to file is often determined by what is at issue. A Texas Rule 11 family settlement agreement can be a wonderful tool to resolve a Texas probate dispute. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. v. Mitchell, 138 F.3d 208, 210 (5th Cir. The firm's new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112. . While for years there was a question in the Federal courts as to whether 38.001, Tex. Civ. As a constitutional family rights expert researcher and writer, Sherry helps parents and their attorneys see the possibilities in making constitutional arguments for parental rights as being in the childs best interests. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. A. 1973) (court had no authority to order declaration against insurer in response to insureds motion for summary judgment on insurers claims); Indigo Oil, Inc. v. Wiser Oil Co., 1998 TEX. 37.002. 2d 719 (S.D. (d) In determining whether to grant declaratory relief to a business under this section, a court shall consider: (1) the factual circumstances of the business's operations that give rise to the demand by the other state; and. of Trans., 999 S.W.2d 881, 883 (Tex. Respondent contends the Supreme Court's holding in Obergefell v. Hodges, 576 U.S. 644 (2015), the "state courts are split as to whether the ruling (in Obergefell) applies retroactively to any marriage." Respondent's Mtn. at 313. o FRCP Rule 57. See Hartford Ins. %%EOF App.Texarkana 1994, no writ) (possibility that liability triggering indemnity would be incurred was a feature hypothetical event, and court had no power to pass upon hypothetical or contingent situation); Fort Worth Lloyds v. Garza, 527 S.W.2d 195 (Tex. Co. v. Trejo, 39 F.3d 585 (5th Cir. 39 F.3d at 591. 1998, pet. A future interest in a potential judgment has been held insufficient to allow intervention. at 368-69. In St. Paul Ins. At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land. See, e.g., Texas Assn of Bus. The above information is taken from the Palmers training on their sample motions, parental rights motions. It is axiomatic that the duty to defend is broader than the duty to indemnify. App.Austin 1998, pet. The order, once it has been reduced to judgment (under Pa. R.A.P. 10 0 obj In Chiriboga v. State Farm Mut. and that a prior judgment is void. Last week, the Texas Supreme Court settled a long-running dispute and upheld an appeals court's ruling that claimants can use the Uniform Declaratory Judgments Act to establish a carrier's liability for uninsured/underinsured ("UM/UIM") motorist benefits under the claimant's policy and obtain attorney's fees as well. Tex. Co. v. Cooper Mach. . In Natl Union Fire Ins. See State Farm Fire & Cas. A marriage might be void for other reasons, but not because the spouses are of the same sex. Many of our sample motions are here in electronic form. 12 0 obj Suite 400 37.002 provides that the chapter is remedial: Its purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered. The Act does not create or enlarge jurisdiction. See, e.g., Wilton v. Seven Falls Co., 515 U.S. 277, 286 (1995). Const. Rule 56(a). It is still likely a court will not allow dual-track litigation of issues that affect liability and coverage. Twenty-Fifth Floor - Plaza of the Americas. The most common exception for extrinsic evidence is when the pleadings simply do not assert facts that would determine coverage. Tex. 5 0 obj As a general rule, only one final judgment may be signed in a lawsuit (note, thought, that this rule does not always apply in probate and family law cases). See Travelers Ins. 955 S.W.2d at 84 (construing Tex. If your state does not have a declaratory judgment statute that provides you the ability to be heard on your constitutional rights consider filing in federal court for this relief. App.San Antonio 1965), affd, 396 S.W.2d 855 (holding state court had no jurisdiction to render advisory opinion while prior suit was pending on appeal in Fifth Circuit, despite federal courts voluntary stay). See Bailey, 133 F.3d at 369 n.4; Travelers Ins. A declaratory judgment is typically requested when a party is threatened with a lawsuit but the lawsuit has not yet been filed; or when a party or parties believe that their rights under law and/or contract might conflict; or as part of a counterclaim to prevent further lawsuits from the same plaintiff (for example, when only a contract claim is <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> d) The court may also grant summary judgment against the moving party, if appropriate. App.Beaumont 1999, pet. declaratory judgment action or dismiss the case. Texas, Inc., 64 S.W.3d 497 (Tex. See Farmers Tex. You may not reproduce or sell this material or copy it into other training without express permission from Ron or Sherry Palmer in writing. The author would like to thank the Texas Tech Law School Foundation for its generous support. 168 0 obj <>/Filter/FlateDecode/ID[<9A8DD3395C28F34D981E9CD96490FD9D>]/Index[140 50]/Info 139 0 R/Length 129/Prev 481282/Root 141 0 R/Size 190/Type/XRef/W[1 3 1]>>stream ydXOEp Pzz2 -Ia5D(eUE02Xd#zG5 ;}srmVY9c~Vqz6#tUy/`ck$cVpxKCoo,}o{T#@TQ]%5|@Rtx~K9jptm> oL (c) Notwithstanding Section 22.001, Property Code, a person described by Subsection (a) may obtain a determination under this chapter when the sole issue concerning title to real property is the determination of the proper boundary line between adjoining properties. P. 301; Logan v. Mullis, 686 S.W.2d 605, 609 (Tex . 1995); but cf. 7) whether the federal court is being called on to construe a state judicial decree involving the same parties and entered by the court before whom the parallel state suit between the same parties is pending. Sec. Genl Ins. 2001) (when lease obtained); Guaranty Natl Ins. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. App. They cannot file an eviction suit before they give this notice in writing.
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