declaratory judgment. The parties agreed to a bench trial as to the issue of the amount, if any, of reasonable and necessary attorney’s fees that should be awarded to Air Routing under the Theft Act. Britannia and Air Routing agree that the Theft Act requires the trial court to award Air Routing reasonable and necessary attorney’s fees for defending Britannia’s Theft Act claim. The Theft Act is unusual in Texas law in that it requires the court to award attorney’s fees to a party who successfully defends a Theft Act claim, without any prerequisite that the claim is found to be groundless, frivolous, or brought in bad faith. See Tex. Civ. PRAC. & Rem Code Ann. § 134.005(b) (Vernon 1997); Johns v. Ram-Forwarding, Inc., 29 S.W.3d 635, 637-38 (Tex.App.-Houston [1st Dist.] 2000, no pet.) (<HOLDING>); Scott A. Brister, Proof of Attorney’s Fees in
holding that indemnitee may recover attorneys fees incurred in defending indemnity agreement holding defendant could not recover attorneys fees under predecessor to statute 38001 when defendant did not present contract claim holding defendant that did not present its own claim under chapter 38 could not recover attorneys fees holding theft act entitles defendant to recover reasonable and necessary attorneys fees in successfully defending theft act claim even if defendant does not recover any actual damages holding that beneficiaries of an alleged will may recover reasonable expenses and attorneys fees when defending a will in good faith