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(driver excluded); see also Tri-Coastal Contrs, Inc. v. Hartford Undwrs Ins. Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. Co., 418 S.W.2d 712, 715-16 (Tex. R. Civ. Section 6.204 of the Texas Family Code still states that same-sex marriages are void, but that law is no longer enforceable. Co. v. Cooper Machinery Corp., 817 F.Supp. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. declaratory judgment action or dismiss the case. The existence of another adequate remedy does not preclude a declaratory judgment that is otherwise appropriate. 1993); Trinity Univ. at 313. denied). Except in a case brought under the Family Code or a case governed by Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move to dismiss a cause of action on the grounds that it has no basis in law or fact. The Federal Declaratory Judgment Act creates a remedy, not a basis for jurisdiction. Co. v. Griffin, 955 S.W.2d 81, 82-84 (Tex. 2000). You may use the information for your individual case only. 8. The federal act allows the court to declare the rights of any interested party.. Ins. Coverage disputes under liability policies are well-suited for declaratory actions. 1995, no writ); Employers Cas. 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. denied); ANR Prod. Typically, the first-filed suit has dominant jurisdiction. Although efforts are occasionally made, it is inappropriate for the insurer to be joined as a defendant in a liability suit. declaratory judgment be granted as requested herein, and Plaintiff be awarded costs and reasonable and necessary attorney's fees, and for such other and further relief that may be awarded at law or in equity. Because the insurer would be allowed to re-litigate, after the underlying case is resolved, there is no reason to delay the inevitable. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 1995), the court held a minor, whose interests were affected, was properly made a party to a declaratory judgment action, and was bound by the judgment where the minors mother answered, as next friend, and a guardian ad litem was appointed. LEXIS 7982 (Tex. (a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . 1979, no writ) (not justiciable controversy); Boorhem-Fields, Inc. v. Burlington Northern Railroad Co., 884 S.W.2d 530 (Tex. San Antonio, TX 78216 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. Genl Agency v. Cooper, 952 S.W.2d 861 (Tex. One reason proffered is the possibility of inconsistent outcomes. Suite 1400 The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line. 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. (You hire experts to help you teach your court that there is parental alienation in your case. 1992); LaFarge Corp. v. Hartford Cas. For years, Texas courts concluded that a declaration of indemnity was premature, until the underlying suit was resolved. 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. 3. <>>> 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. Const. Acts 1985, 69th Leg., ch. On the other hand, the existence of another remedy, or unresolved issues, does not preclude declaratory relief. Co. v. Boll, 392 S.W.2d 158, 161 (Tex. App.Corpus Christi 2000, no writ). Admiral Ins. Acts 2007, 80th Leg., R.S., Ch. 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 at 452-53; but see Tri-Coastal Contrs Inc., 981 S.W.2d at 863 (questioning scope of exception). for Declaratory Judgment at 3. (c) The enumerations in Sections 37.004 and 37.005 do not limit or restrict the exercise of the general powers conferred in this section in any proceeding in which declaratory relief is sought and a judgment or decree will terminate the controversy or remove an uncertainty. 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 Fed. County Mut. 37 Declaratory Judgments Texas Family Law Manual KFT 1294.T4S7 Ch. and that a prior judgment is void. Co. v. Fraiman, 514 S.W.2d 343, 346 (Tex. *I`Sl,'dpC2\,AMia*K/[ -M @ICPgIw5 Y k]x?4 :D R*NuNK^CXdmS0I,-B Code37.009 provides that in any proceeding under this Chapter, the court may award costs and reasonable and necessary attorneys fees as they are equitable and just.. Co., 2000 Tex. Co. v. Taylor, 706 S.W.2d 352 (Tex. Tex. Co., 981 S.W.2d 861 (Tex. R. Civ. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. 9 0 obj %PDF-1.5 Mut. may declare the rights. 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. Co. v. Patriot Sec., Inc., 926 F.Supp. 1, eff. 1996). Co. v. Grapevine Excavation, 241 F.3d 396 (5th Cir. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Further, while it is unlikely that an insurer wishes to proceed, without protective order, to establish evidence that demonstrates the insureds liability as the insurer has not yet prevailed on its coverage defenses it is also unclear under what standard the insured should be able to protect otherwise discoverable information, simply because it is damaging. Prac. App.Austin, Oct. 2, 2003, no pet. Arbitration is not used very often in Texas family law cases. . In addition, in many instances, a protective order will allow broad discovery, without fear of disclosure to the plaintiff. Co. v. Tandy Corp., 986 F.2d 94, 96 (5th Cir. denied); State Farm Lloyds v. 1993) (Colorado River factors inapplicable in declaratory judgment action); Granite State Ins. A declaratory judgment is a binding judgment from a court defining the legal relationship between parties and their rights in a matter before the court. In part, of course, the scope of discovery will be determined by the nature of the issue. dismd, 507 U.S. 1026 (1993); cf. denied) (failure to satisfy burden is not finding of proof of opposite). Because the pleadings did not address a fact essential to determining coverage, the court allowed extrinsic evidence. See, e.g., State Farm Lloyds v. See, e.g., Standard Fire Ins. Where Can I Get More Information and Training? Co., 502 S.W.2d 232 (Tex. The court remanded for consideration of these factors. Am., 845 S.W.2d 794, 801 (Tex. Defense counsel may, nonetheless, have protected certain information from disclosure, for fear that it was effect coverage, and violate counsels own ethical obligations. In duty to defend cases, the issue of whether extrinsic evidence is even relevant would likely arise. See Murray, 437 S.W.2d 264 (Tex. FFC Home Page / 5 Reasons to file a Declaratory Judgment. PARTIES. 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. See, e.g., Stroop v. N. County Mut. Auto. There are exceptions, of course. However, because family settlement agreements are treated as contracts under Texas law, it is important that all of the parties . P. 301; Logan v. Mullis, 686 S.W.2d 605, 609 (Tex . See State Farm Fire & Cas. <> v. Mitchell, 138 F.3d 208, 210 (5th Cir. For more information, please contact the law firm at 817-335-8800. ); Rice v. Alamo Rent-A-Car, Inc., 987 S.W.2d 231 (Tex. As amended through January 27, 2023. Youell & Cos v. Getty Oil Co., 510 U.S. 820 (1993); Service Mutual Ins. Co. v. Hood, 895 F.Supp. Co. v. Blevins, 741 S.W.2d 604, 606 (Tex. Ins. Thompson Coe on Best Lawyers Best Law Firms List for 12th Consecutive Year, Four Years Later: The Impact of Texas Insurance Code Section 542A.006 on Insurance Litigation, Texas Supreme Court Reverses Appeals Court Judgment, Affirms Trial Win for Thompson Coe Client, Developing Texas Insurance Law in the Appellate Courts, Update & Recap: Winter Storm Uri and Impact on Gulf Coast Coverage Cases, The Good, The Bad, The Ugly: Texas Appraisals, NEW June PC Webinar: Insurance Retrospective, Texas Supreme Court Issues Significant Decision on Exception to Eight Corners Rule, 2801 Via Fortuna 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 . ^9@VXB-'C(SOZ#jGT"1kfWj7i,9^'EJ In this instance, there may be legitimate concerns that the insurers discovery will inure to the benefit of the liability plaintiff, which is likely not in the interest of either the insured or the insurer. denied); see also State Farm Fire & Cas. 1998) (whether release was sudden and accidental); Western Heritage Ins. any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. 1271 (N.D. Tex. App.Houston 1998, pet. App.Fort Worth 1961, writ refd n.r.e.) 504-526-4350, 408 St. Peter Street, Suite 510 stream App.Austin 1998, pet. Co. v. Vandewater, 907 S.W.2d 491 (Tex. ), the court held the county where the agent was located, the policy was sold, and the claim was reported, was not a proper venue. 1993). Sept. 1, 1985. Code Ann. In a number of instances, courts have concluded that an insurer is entitled to re-litigate issues. Id. 955 S.W.2d at 84 (construing Tex. Co. v. Merchants Fast Motor Lines, Inc., 939 S.W.2d 139 (Tex. See Hartford Ins. Co. v. Bailey, 133 F.3d 363, 368 (5th Cir. The dispute was over an unscheduled vehicle. Suite 400 1941); and there is every reason for not reducing declaratory . 7531-7541. Estates Construction Lane-Jones v. Estate of Not Reported in S.W.3d Houston (14th Dist.) 1997); Heyden Newport Chemical Corp. v. So. 1998). Co. of Texas, 1998 Tex. See Firemens Ins. Co. v. Griffin, 955 S.W.2d 81 (Tex. 97, 99 (E.D. Sec. In addition to the county of the defendants residence or principal office, venue is generally deemed proper in the county where the liability suit is pending, or judgment is entered. 1991). Frontier Pac. & Liab. Texas Air Control Bd., 852 S.W.2d at 444. ); Taylor v. State Farm Lloyds, 2003 Tex. See Great American Ins. 4 Among the statutes allowing for award of attorney's fee s is the following non-exhaustive list: 5Civil Practice & Remedies Code. endobj Sec. As au- 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. 3.08(a), eff. Obviously, the nature of the coverage issue to be determined will also determine the scope of discovery. Until a writ of possession is issued, the tenant can remain in their home. Advisory opinions are prohibited by both the state and federal constitutions. The court recognized that the insurer was defending, but the coverage issue would not be litigated in the underlying case, so declaratory relief was appropriate. Typically, an anti-suit injunction is appropriate in limited instances: 1) to address a threat to the courts jurisdiction; 2) to prevent the evasion of important public policy; 3) to prevent a multiplicity of suits; or 4) to protect a party from vexatious or harassing litigation. 1992), cert. E.g., Wilton v. Seven Falls Co., 515 U.S. 277 (1995); American States Ins. denied, 511 U.S. 1032 (1994). 1996). Start with the updated Protecting Family Rights course. : `g`R@, w@T!A4Au~?8\m`g`v4oy@+./`N`p4#fb` w{X0=@ d$ ("[B]ecause the trial court judgment rests upon the specific grounds set out in the findings of fact and conclusions of law that accompany the judgment, we are not permitted to assume omitted findings or conclusions necessary to any other grounds for the judgment, even . App. Allstate Ins. In a straight complaint allegation case, for instance, there should be extremely limited discovery, beyond verification of the pleadings and the policy. Rules 38 and 39 govern a demand for a jury trial. Austin, TX 78746 Texas Family Code Section 2.401 states the proof necessary to establish an informal marriage in Texas: . (2) the decisions of other courts interpreting Section 8, Article I, United States Constitution. See, e.g., Commercial Metals Co. v. Balfour, Guthrie & Co., Ltd., 577 F.2d 264 (5th Cir. 6 0 obj 3 0 obj COPYRIGHT: All of the materials are copyrighted. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 12 0 R/Group<>/Tabs/S/StructParents 1>> 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 . (whether policy was void or loss was covered presented justiciable controversy); American States Ins. Instead, a party may recover fees only where controlling substantive law permits recovery. 37.006. Cigna Lloyds Ins. One common element circuit courts often point to is whether the suit was brought . See Bocquet v. Herring, 972 S.W.2d 19 (Tex. There are literally dozens of statutes in Texas law that provide for the recovery of attorney's fees, usually as part of a judgment. The issue becomes more murky when allegations triggering coverage are alleged, but are in conflict with the actual facts. Under state or federal law, declaratory relief is only appropriate when there is an actual case or controversy. The woman appealed, arguing the evidence was factually insufficient to support the finding there was no mutual intent to be married. Courts recognize that when there are conflicting positions on coverage, as when the insurer reserves rights, there is no privity between the insured and the insurer on issues relating to coverage, which are also at issue in the underlying case. A declaratory judgment is a legal determination by the court, which resolves legal uncertainties in a controversy. 1, eff. App.San Antonio 1998, pet. %%EOF Co. v. Watson, 876 S.W.2d 145, 149 (Tex. App.Austin 1987, no writ); Safeway Mng. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. In this chapter, "person" means an individual, partnership, joint-stock company, unincorporated association or society, or municipal or other corporation of any character. 1994). d) The court may also grant summary judgment against the moving party, if appropriate. 1993) (whether accident arose from liquor liability); Acceptance Ins. App.Houston [1st Dist.] Rule 57, FED. See, e.g., Boring & Tunneling Co. v. Salazar, 782 S.W.2d 284, 289-90 (Tex. Rule 166a - Summary Judgment. See State Farm Mut. Co. v. Sassin, 894 F.Supp. No. Co., 981 S.W.2d 861 (Tex. 2201(a) . The U.S. Supreme Court's 2015 ruling in Obergefell v. The Declaratory Judgment Act states "Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations." See 42 Pa. C.S.A. The court noted that the Griffin exception did not apply, but that a justiciable controversy existed, as the judgment clarified the rights of the parties under the contract; especially because the policy includes a provision under which Ranger could be relieved of its duty to defend by tendering its limits. All rights reserved, Declaratory Relief Declaratory Judgment and Rights. 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. SEGURA.POSTMACRO.3 (DO NOT DELETE) 6/19/2015 8:20 AM DISPUTING THE BOUNDARY OF THE DECLARATORY JUDGMENTS ACT Philip Thomas Segura* I. TRESPASS TO TRY TITLE OR DECLARATORY JUDGMENTS ACT Texas state law provides that "[a] trespass to try title action is the method of determining title to lands, tenements, or other real property."1 In Texas, this is the only method of resolving property . See, e.g., Ohio Cas. 37.004. P. 76A; 192.6(b)(5). Rule 91a - Dismissal of Baseless Causes of Action. 45 (N.D. Tex. See Southern County Mut. 4 . LEXIS 1736 (Tex. Declaratory Judgment. 1. (b) This chapter is remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and it is to be liberally construed and administered. See Farmers Tex. 37.002. Corp., 817 F.Supp. P. 26; Tex. The Texas Supreme Court concluded that 38.006 allowed recovery of attorneys fees for breach of contract unless attorneys fees are otherwise available. 31 App.Dallas 2001, pet. 1 Justice Smith was perhaps prescient in his dissent, concluding that a justiciable controversy existed. When you get the motions and read the second book, you will get the most out of this class. 1995). Auto Ins. App.Dallas 1998, pet. hb```c`` AX,$)00(IrZ Ny d3Vttt00 1965, writ refd n.r.e.) Co. v. Louisiana Farm Bureau Fedn, Inc., 996 F.2d 774, 778 (5th Cir. Declaratory Judgment Construing Will on Westlaw. There are exceptions, however, (1) when conduct estops a party from asserting prior active jurisdiction; (2) where parties are lacking; or (3) where there is lack of intent to prosecute. dismd, 507 U.S. 1026 (1993). As with the state act, one of the exceptions allows a federal court to enjoin re-litigation in state court to protect or effectuate its judgments. See Royal Ins. 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 In Gonzales v. American States Ins. 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. App.Dallas 1998, pet. 959, 1, eff. Texas Pattern Jury Charges, published by the State Bar of Texas, is a compilation of definitions, jury instructions, and supplemental material, intended to assist practitioners with developing jury charges. App.San Antonio 1998, pet. Tuesday, February 28, 2023. Tex. SHORT TITLE, CONSTRUCTION, INTERPRETATION. 1995). St. Paul had also appealed the original award to state district court, and that suit had also been settled, with a provision for payment of future expenses. 97 (E.D. See Tri-Coastal Contractors, Inc. v. Hartford Undwrs Ins. Civ. This information is not a substitute for an attorney. Clearly, the insurer should be entitled to discovery of anything that has been discovered in the underlying suit. xX]oF}G?SeW0W44q>EqU{s@N|Bt2&iw'PmH'4QH1_>{'Y7bLH dB4uX;iYtI7F7*L^F Civ. Co. v. Block, 744 S.W.2d 940, 943 (Tex. Concho counterclaimed for breach of contract and a declaratory judgment premised on the signed 2008 letter. Id. . App.Houston 1965, writ refd n.r.e.) 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. Id . 1996); Williamson v. State Farm Lloyds, 76 S.W.3d 64 (Tex. Westport v. Atchley, Russell, Waldrop & Hlavinka, 267 F. Supp. 713-403-8210, 601 Poydras If the discovery is limited, or poorly conducted, or does not address the coverage issues, however, the insurer may seek additional testimony and evidence. Co. v. Bradleys Elec., Inc., 993 S.W.2d 673 (Tex. New Orleans, LA 70130 (b) In any proceeding that involves the validity of a municipal ordinance or franchise, the municipality must be made a party and is entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state must also be served with a copy of the proceeding and is entitled to be heard. In Wade, the insurer argued that it was not challenging the veracity of the facts alleged, but had a defense independent of the pleadings. App.Houston [1st Dist.] 1998, no pet.). An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for. Amended by Acts 1987, 70th Leg., ch. Rule 56(a). recoverable by the prevailing party under the Texas Declaratory Judgment Act, the federal act does not provide for fees to be awarded. [i]Since the state requires that you file some sort of lawsuit to protect your rights and time to your child and your property, and most state statutes authorize the use of state power to affect these rights, you should consider using declaratory judgment to establish what process and procedure your court will use to protect you and your child from the harm of a court completely ignoring process and procedure required for fundamental rights. Indemnity is based on the actual facts establishing liability in the underlying suit. When to file is often determined by what is at issue. 45 . 1023, 1026 (N.D. Tex. & Rem. (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. When an issue has been litigated in the underlying case, when can it be re-litigated in the coverage dispute? Local venue flavor/influences II. 37.008. P., also addresses declaratory judgments, by reference to 28 U.S.C. Co., 975 S.W.2d 329, 332 n.1 (Tex. Copyright 2013 - 2023. Co., 981 S.W.2d 889 (Tex. As such, there should be no collateral estoppel of the insurer, based upon the outcome of the issue in the underlying case. Federal: Declaratory Judgment Act, 28 U.S.C. In St. Paul Ins. Co. v. Taylor, 832 S.W.2d 645 (Tex. 2 0 obj Tex. A court may not, however, refuse to exercise jurisdiction on the basis of a whim or personal disinclination. See, e.g., St. Paul Ins. Sec. There was also a declaration that the insurer owed neither defense nor indemnity to the wife. 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. An insurer should not be held to have waived its right to litigate coverage by defending under reservation of rights, or by delay in filing a declaratory judgment action. In older cases, courts allowed broad introduction of extrinsic evidence in a declaratory judgment context. Co., 996 S.W.2d 207 (Tex. 2 . The crop-dusting involved only one flight, but several passes during which herbicide was released, and during which wind direction and velocity varied. See Scottsdale Ins. The declaratory judgment action allows relief, even where another remedy exists. See Employers Cas. 1996). E.g., Cluett v. Medical Protective Co., 829 S.W.2d 822, 826 (Tex. Contact Us if you have questions.). For our purposes, "litigation" refers to the filing and prosecuting of a real estate-related lawsuit, or defense against one, in the Texas county civil courts at law or the civil district courts. * Associate Professor of Law, Texas Tech University School of Law. Can I Still File if I am already in Costly Litigation? denied). A declaratory judgment claim can be useful in a wide variety of circumstances. R. Civ. 2002); Monticello Ins. The Fifth Circuit reviewed abstention under the Burford and Colorado River doctrines, and concluded that neither was applicable. 2d 601, 621-22 (E.D. Here are the requirements: An informal or common-law marriage exists in Texas if the parties (1) agree to be married, (2) live together in Texas as husband and wife after the agreement, and (3) represent to others that they are married. endobj . 925 S.W.2d at 714. Co. v. Wade, 827 S.W.2d 448 (Tex. Dallas, TX 75201 1989). 2001) (when lease obtained); Guaranty Natl Ins. Id. You want to get the most out of these motion arguments, so make sure you do step 1 and 2 as well. App.Fort Worth 1998, no pet.) Rule 57. Unless the lease agreement says otherwise, the landlord must give the tenant at least 3 days to move out. See the resource below for more details. 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. Sec. Also, seeking title by declaratory judgment is improper. Indemnity, on the other hand, is based on actual facts and should always be subject to extrinsic evidence. Texas Declaratory Judgment Law United States of America v. Vijesh Patel, M.D. First, is the constitutional inquiry - the case must be a 'case or controversy' pursuant to. While abstention doctrine is more frequently an issue in federal court, state courts can also abstain. Flexibility of Court in Awarding Fees. Where a judgment has been entered in the underlying case, and the insurer has refused indemnity, it may also be that declaratory relief is inappropriate, because a cause of action for breach of contract has ripened. TO PREVENT COSTLY LITIGATION, LOSS, DEBT, DAMAGE, AND PENALTIES: It should be the primary purpose of the State to save its citizens from injury, debt, damage and penalties; and to this end the highest function of the court ought to be to decide, when possible, the controversies of parties before any loss has been suffered or any offense committed. ~Uniform Declaratory Judgments Act Reasons for Adoption 1922. 1998); see also Abraxas Petroleum Corp. v. Hornburg, 20 S.W.3d 741 (Tex. A trial court has discretion to enter declaratory judgment if it will serve a useful purpose or will terminate the controversy between the parties. Id.