Tml Intergovernmental Employee Benefits Pool V. Prudential Insurance Company Of America
By Third District, at Austin Texas Court of Appeals
- Release Date: 2004-05-13
- Genre: Law
Description
In this case we must decide whether, when a governmental entity brings suit for declaratory relief, the defendant as the prevailing party may recover attorney's fees from the governmental entity. Appellant TML Intergovernmental Employee Benefits Pool ("the Pool") contends in one issue that governmental immunity bars the award of attorney's fees to appellee Prudential Insurance Company of America. Because we hold that the Pool's initiation of suit waived immunity from suit and that its request for declaratory relief under the Uniform Declaratory Judgments Act ("UDJA") waived immunity from liability for attorney's fees, we affirm the order of the district court.
