plaintiffs their fees under the Declaratory Judgments Act. Kenneth Leventhal & Co., 978 S.W.2d at 258; see also City of Carrollton, 308 S.W.3d at 454. C. The declarations duplicate issues already before the trial court. A party also may not use a declaratory judgment action to seek the same relief afforded under another of its causes of action in order to obtain attorney’s fees. City of Houston v. Texan Land & Cattle Co., 138 S.W.3d 382, 392 (Tex.App.-Houston [14th Dist.] 2004, no pet.). Thus, if the declarations obtained in the judgment “merely duplicated issues already before the trial court,” the party may not recover fees. MBM Fin. Corp., 292 S.W.3d at 671; see Anderson v. New Property Owners’ Ass’n of Newport, Inc., 122 S.W.3d 378, 390-91 (Tex.App.-Texarkana 2003, pet. denied) (<HOLDING>). These principles confirm that the Declaratory
holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action holding property owner not entitled to award of attorneys fees under declaratory judgments act because his declaratory judgment counterclaim did not present any issues beyond the homeowners associations cause of action holding award of attorneys fees to defendants under the declaratory judgments act was proper because recovery of fees was separately authorized by section 5006a of the texas property code holding attorneys fees waived in lawsuit brought under declaratory judgments act to interpret statute recognizing that a party can obtain declaratory relief but still not be entitled to an award of attorneys fees under the declaratory judgments act