OPINIONIn nine issues, Appellants James McGibney and ViaView, Inc. complain of the trial courtâs award of attorneyâs fees and contingent appellate attorneyâs fees, as well as monetary and nonmonetary sanctions, to Appellee Neal Rauhauser in conjunction with the granting of Appelleeâs motion to dismiss under chapter 27 of the civil practice and remedies code, also known as the Texas Citizens Participation Act (TCPA). Concluding, in light of the record before us, that the trial court abused its discretion by awarding an unreasonable amount of attorneyâs fees and monetary sanctions under the TCPA, by imposing nonmonetary sanctions when the TCPA does not provide for them, and by improperly conditioning the appellate attorneyâs fee award, we reverse and vacate these portions of the trial courtâs judgment, affirm the remainder of the trial courtâs judgment, and remand the case to the trial court for further proceedings.I. General BackgroundIn response to a defamation action that Appellants brought against him, Appellee filed a motion to dismiss under the TCPA. See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001-.011 (West 2015). After Appellee appealed the trial courtâs failure to rule on the motion within the time prescribed by section 27.005, we remanded the case for the trial court to dismiss Appellantsâ defamation claims and to conduct a hearing on the award of attorneyâs fees and sanctions. See Rauhauser v. McGibney (Rauhauser I), 508 S.W.3d 377, 380, 390 (Tex. App.â Fort Worth 2014, no pet.), disapproved of on other grounds by Hersh v. Tatum, 526 S.W.3d 462, 467 & n.23 (Tex. 2017).On remand, without holding a hearing, the trial court signed an order awarding $300,383.84 in attorneyâs fees and $1,000,000 in sanctions. In their emergency motion to stay the order, Appellants raisedâamong other complaintsâthe failure of the trial court to hold a hearing on the matter. The trial court granted the motion. After conducting a hearing, the trial court signed a new order setting aside the $1,000,000 sanction award and awarding Appellee $300,383.84 in attorneyâs fees and expenses, $75,000 in conditional attorneyâs fees on appeal, and $150,000 in sanctions. In addition, the trial court imposed nonmonetary sanctions, ordering: The disclosure and transfer to Appellee, within five days of the date of the order, six domain names âregistered and used by [Appellants].â[1] The disclosure of âall domain names that [Appellants] or their agents have registered using any form of the name of attorney âJeffrey L. Dorrellââ within five days of the order. The publishingâfor 365 consecutive daysâof a âwritten apology on the first page of all websites owned by [Appellants]â for making certain allegations against Appellee â and admitting that [Appellants] had no evidence to support such accusations when they made them.â The publishingâfor 365 consecutive daysâof a âwritten apology on the first page of all websites owned by [Appellants]â for making certain remarks about Appelleeâs attorney â and admitting that [Appellants] had no evidence to support such an accusation when they made it.â II. Attorneyâs Fees A. Complaint as to the Amount of Attorneyâs Fees Awarded1. Attorneyâs Fees Incurred in Defending Against the SuitIn Appellantsâ first and second issues, they argue that the trial court erred by awarding attorneyâs fees that were not actually incurred or incurred in defending against this suit. Embedded in their argument is a complaint that the amount awarded was not reasonable. We agree that the amount of attorneyâs fees awarded was not reasonable.When reviewing a trial courtâs award of attorneyâs fees under civil practice and remedies code section 27.009(a)(1), appellate courts should apply an abuse of discretion standard. Sullivan v. Abraham, 488 S.W.3d 294, 299 (Tex. 2016). A trial court does not abuse its discretion merely because the appellate court would have ruled differently in the same circumstance. E.I. du Pont de Nemours & Co. v. Robinson, 923 S.W.2d 549, 558 (Tex. 1995); see also Low v. Henry, 221 S.W.3d 609, 620 (Tex. 2007). Instead, the appropriate inquiry is whether the court acted without reference to any guiding rules or principles, that is, whether the courtâs act was arbitrary or unreasonable. Low, 221 S.W.3d at 614; Cire v. Cummings, 134 S.W.3d 835, 838-39 (Tex. 2004).And while an abuse of discretion does not occur when the trial court bases its decision on conflicting evidence and some evidence of substantive and probative character supports its decision, Unifund CCR Partners v. Villa, 299 S.W.3d 92, 97 (Tex. 2009); Butnaru v. Ford Motor Co., 84 S.W.3d 198, 211 (Tex. 2002) (op. on rehâg), when a trial court rules without supporting evidence, it has abused its discretion. Ford Motor Co. v. Garcia, 363 S.W.3d 573, 578 (Tex. 2012).With regard to awarding attorneyâs fees following the granting of a motion to dismiss under the TCPA, civil practice and remedies code section 27.009(a)(1) provides,If the court orders dismissal of a legal action under this chapter, the court shall award to the moving party: (1) court costs, reasonable attorneyâs fees, and other expenses incurred in defending against the legal action as justice and equity may require[.]Tex. Civ. Prac. & Rem. Code Ann. § 27.009(a)(1).In applying section 27.009(a)(1), the supreme court has instructed us twoÂfold. Sullivan, 488 S.W.3d at 296. Specifically, the court has clarified the meaning of âreasonable attorneyâs feesâ under the statute. Id. at 299. A reasonable attorneyâs fee, according to Sullivan, is ââone that is not excessive or extreme, but rather moderate or fair.ââ Id. (quoting Garcia v. Gomez, 319 S.W.3d 638, 642 (Tex. 2010)). And the supreme court has directed us that the phrase, âas justice and equity may requireâ does not modify the term âattorneyâs fees.â Id. at 298-99. This holding is of particular importance here when considering Appellantsâ argument that â[o]nly fees incurred in defending against the suit can be shifted to [Appellants].â A closer look at the underpinning for the Sullivan holding reveals the fallacy of this argument.In Sullivan, the court observed that had the legislature intended for the phrase âincurred in defending the legal action as justice and equity may requireâ to apply to attorneyâs fees, the legislature could have inserted a comma after âother expenses.â Id. at 298. But, as the court pointed out, the legislature did not. Id. at 298-99. Thus, in addressing the question of whether the principles of justice and equity are to be applied by the trial court when considering attorneyâs fees, the supreme court said ânoâ; justice and equity are proper considerations in the context of awarding âother expenses,â but not in the context of awarding attorneyâs fees.[2] Id.The phrase that Appellants urge should apply to the assessment of attorneyâs feesââincurred in defending the legal actionââis part of the very same phrase that the court in Sullivan held did not to apply to attorneyâs fees. See id. If the latter part of the phrase âincurred in defending the legal action as justice and equity may requireâ does not apply to attorneyâs fees, it cannot be said that the former part does. See id. Thus, following Sullivan, the phrase âincurred in defending the legal actionâ applies only to the award of other expenses, not attorneyâs fees. Per Sullivan, then, under section 27.009, âother expensesâ outside of court costs and attorneyâs fees can be awarded only if âincurred in defending against the legal action as justice and equity may require,â but the statute requires that attorneyâs fees awarded under the statute be âreasonable.â Consequently, we overrule Appellantsâ first issue and this part of Appellantsâ second issue.But our inquiry does not end here. We still must consider Appellantsâ argument that the attorneyâs fees awarded were excessive and unreasonable.2. Reasonableness of Attorneyâs Fees AwardedHere, the trial court awarded 100% of the amount that Appellee soughtâ $300,838.84. In the proper exercise of its discretion, a trial judge is obliged to do more than simply act as a rubber-stamp, accepting carte blanche the amount appearing on the bill. See id. at 299-300 (discussing that a trial court should conduct a âmeaningful reviewâ of fee applications). As explained above, to discharge its responsibility, the trial court must act within guiding rules and principles, see Low, 221 S.W.3d at 614; Cire, 134 S.W.3d at 838-39, and the trial courtâs award must be based on supporting evidence. See Ford Motor Co., 363 S.W.3d at 578.In reaching our conclusion that there was insufficient evidence to support the trial courtâs award of the entire amount sought by Appellee, we need only to look at a handful of the charges that appear on his billing statement. Some entries were so heavily redacted that the trial court could not possibly have had sufficient evidence to determine that the entire amount requested was ânot excessive or extreme, but rather moderate or fair.â See Sullivan, 488 S.W.3d at 299. For example, on March 16, 2014, Appelleeâs attorney billed 5.5 hours totaling $3,025 for work described as follows:Exchange several e-mails with [Appellee] regarding adjust as necessary (.60 Hours) complete drafting [Appellee] affidavit; (.30 hours) exchange several e-mails with [Appellee] regarding (80 Hours) continue researching and drafting [Appellee's] 3.80 Hours[.]From this entry, the trial judge could glean only that the attorney exchanged several emails with his client, adjusted something, completed drafting an affidavit of some sort, and continued researching and drafting something else.A closer look at other entries in the billing affidavit shows that Appellee soughtâcumulativelyâmore than $1,000 in attorneyâs and support staff fees for tasks that were so heavily redacted as to be meaningless:Review emai [sic]; (.40 Hours) transmit revised review (.30 Hours);[3] [R]eview respond;[4] [R]eview and respond;[5]Review and respond;[6] Review;[7]Review; (.20 Hours) review respond; (.20 Hours) review various documents transmitted (.30 Hours);[8][R]eview email;[9] ;[10] [R]eview proposed;[11] [R]eview;[12] Review;[13] ;[14] [S]upervise.[15] See id. at 299 (holding that proof of attorneyâs fees âmust be sufficient to permit a court âto perform a meaningful review of their fee applicationââ). Other, less brutally redacted entries provided some information but still stopped short of providing any meaningful evidence of the tasks performed:Review multiple correspondence from client regarding;[16]Research internet for articles and information related and forward to attorney;[17]Respond to client inquiry about;[18]Review e-mail from and respond;[19] [R]eview e-mail from [Appellee] asking for advise [sic] respond to advise [sic];[20] [T]elephone conference with [Appellee];[21] Exchange several e-mails with [Appellee] regarding plaintiffsâ;[22]Review e-mail from [Appellee] transmitting screen shot of online posting (.10 hours) email to [Appellee] to (.30 hours).[23] Admittedly, the content of some of the redacted matters may have involved communications between attorney and client.[24] But a trial court is not at liberty to blindly assume that fees for every communication between counsel and client should, in fairness, be awarded in a lawsuit. To the contrary, Appelleeâs own evidence demonstrates that that is not necessarily the case.For example, part of the $300,838.84 awarded included a charge for work performed on March 7, 2014âprior to being served and more than a week before Appellee made his first appearance in this lawsuit[25]âfor legal work related not only to a different case but also one in which Appellee was not a party. On that day, Appelleeâs attorney billed for .80 hours of work to âretrieve and review plaintiffâs original complaint in McGibney v. Retlaff [sic] filed on March 6, 2014, in the Northern District of California,â only to advise his client that he was not a defendant in that lawsuit.[26] There can be no doubt that at least this unredacted entry about a communication between attorney and client could not fairly be awarded as attorneyâs fees in the instant case.Other entries have dubious relevance to this lawsuit. For example, on March 19, March 20, and April 11, 2014, Appelleeâs attorney billed 4.9 hours for what can only be characterized as âoppo researchâ[27]âon then-opposing counsel John Morganâon matters wholly unrelated to this suit:Contact Tarrant County district clerk to get update of filings in the John Morgan V. Shane Phelps, et al. case no. D195,081. Research internet for publicity surrounding the case; check various internet sites for details of Judge Layne Walker and his involvement with John Morgan . . . .[28]Continue research on cases filed by plaintiff and research internet looking for new disciplinary proceedings against plaintiffâs attorney.[R]eview information that plaintiffsâ counsel John S. Morgan has been arrested and has pled guilty to making a false report to a police officer; review arrest report and commitment order.Other charged services went well beyond the depth of research and preparation ordinarily expended in the early stages of any lawsuit. In fact, a review of the entire 23 pages of billing records attached to Appelleeâs attorneyâs affidavit reveals a troublesome pattern of heavy front-end loading of legal work that might very well have been reasonable, if the case had ever moved beyond the chapter 27 dismissal stage,[29] but was nevertheless premature and of questionable reasonableness in the early stages of the lawsuit.Even more troubling is the fact that Appellee was never served in this lawsuit and, thus, was never under any compunction to appear in the lawsuit whatsoever. See Rauhauser I, 508 S.W.3d at 382 (setting forth then-appelleesâ argument that Appellee had not been served with citation when he filed his motion to dismiss and that he had been aware that they were going to nonsuit before he filed his motion).[30] Just a few hours after Appellee filed his motion to dismiss under chapter 27, Appellants nonsuited the entire cause of action, leaving pending only Appelleeâs requests for sanctions and attorneyâs fees under chapter 27. See id. at 381-82.According to Appelleeâs attorneyâs affidavit, less than a week before the May 21, 2014 hearing on the chapter 27 motion, Appellee had already amassed $66,955.50 in attorneyâs fees, representing 144.30 hours.[31] Adding insult to injury, Appellee was also billed $13,585 for two attorneys to travel to Fort Worth, attend the hearing on the motion to dismiss, and return to Houston. These are other factors that the trial court should consider in determining a reasonable amount of attorneyâs fees to be awarded here.Other areas of legal work that appear in this record also give us pause, including the numerous hours devoted to reviewing not only the rulings or holdings of particular cases but also the entire records of those cases. We find particularly troublesome the practice of reviewing the entire files of trial court cases outside of this courtâs jurisdiction, when the rulings from those cases would yield no authoritativeâor even persuasiveâauthority to guide the trial court in the instant case. For example, on March 26, 2014âeight days after Appellee filed his special appearance in this caseâAppelleeâs attorney had already billed for the following research:Review entire case file in the trial court in Cause No. DC-11-13741; American Heritage Capital, LP v. Gonzalez; in the 68th District Court of Dallas County, Texas[32]; including pleadings, motions to dismiss, and court order gra[n]ting motion to dismiss and awarding attorneyâs fees and sanctions . . . .The billing records contain other similar examples of research of cases at the trial court level.Other charges were obviously not for the clientâs benefit but rather for the benefit of the attorney himself, such as the .70 hours billed on June 12, 2014, which related to an alleged internet and social attack against Appelleeâs attorney, not Appellee.The examples cited above are not an exhaustive list of the billing entries submitted in this case that lead us to conclude that the amount awarded was not reasonable.[33] These specific entries are cited merely to illustrate the shortage of evidence and some of the gaps in proof that should have prevented the trial court from awarding 100% of the attorneyâs fees billed and sought by Appellee. These examples illustrate that the trial court failed to consider and weigh the evidence of attorneyâs fees in a thorough manner and apply guiding rules and principles to determine which charges were reasonable, as the trial court should have. Accordingly, we sustain this portion of Appellantsâ second issue.3. The 18.001 AffidavitAppellee argues that the trial court was nevertheless required to award all fees sought. According to Appellee, because he proved his attorneyâs fees in an â18.001âł affidavit, Appellants were precluded at the trial court level and now on appeal from challenging reasonableness. We disagree.In civil cases not involving a suit on a sworn account, a party may prove that a service was reasonable and necessary[34] by submitting an affidavit in compliance with civil practice and remedies code section 18.001. Tex. Civ. Prac. & Rem. Code Ann. § 18.001 (West 2015). If service and the substance of the affidavit comply with section 18.001â˛s requisites, the affidavit âis sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable.â Id. § 18.001(b). Section 18.001 serves to streamline proof of reasonableness and necessity and is especially useful in cases in which the damage elements of reasonableness and necessity are not contested. See Haygood v. De Escabedo, 356 S.W.3d 390, 397 (Tex. 2011) (observing that section 18.001, which is âpurely procedural,â provides for the use of affidavits âto streamline proof of the reasonableness and necessityâ of expenses but âdoes not establish that billed charges are reasonable and necessaryâ).We will set aside the question as to whether Appelleeâs attorneyâs affidavit complied with civil practice and remedies code section 18.001 and assume, without holding, that it did. With that assumption, the question becomes whether Appellants can challenge the reasonableness of the fees awarded on appeal.To challenge the reasonableness of the amount charged for a service after a proper 18.001 affidavit has been filed, the opponent must file and serve a controverting affidavit in compliance with 18.001. See Tex. Civ. Prac. & Rem. Code Ann. § 18.001(e)-(f). If the opponentâs controverting affidavit is properly prepared and served, then the original 18.001 affidavit no longer suffices to prove that the amount charged was reasonable. See id. § 18.001(b). Thus, by filing a proper controverting affidavit, the opposing party can force the party with the burden of proof to prove reasonableness through expert testimony. Hong v. Bennett, 209 S.W.3d 795, 801 (Tex. App.âFort Worth 2006, no pet.). Here, Appellants filed no controverting 18.001 affidavit.Appellee argued to the trial court that because Appellants did not challenge his 18.001 affidavit with a controverting affidavit, Appellants were precluded from challenging his attorneyâs fees evidence.However, while an unchallenged 18.001 affidavit provides legally sufficient evidence at trial to support a finding that the amount charged was reasonable, the affidavit does not constitute conclusive proof. Id. at 800; see Atwood v. Pietrowicz, No. 02-10-00010-CV, 2010 WL 4261600, at *4 (Tex. App.âFort Worth Oct. 28, 2010, no pet.) (mem. op.). In Atwood, the appellants contended that their uncontroverted 18.001 affidavits entitled them to recover the amounts reflected therein as a matter of law. 2010 WL 4261600, at *3. But as we explained,Section 18.001 affidavits do not establish that the [fees] were caused by the defendantâs actions or that the plaintiffs are entitled to those [fees] as a matter of law. Sloan v. Molandes, 32 S.W.3d 745, 752 (Tex. App.âBeaumont 2000, no pet.); Beauchamp v. Hambrick, 901 S.W.2d 747, 749 (Tex. App.âEastland 1995, no writ). It is an evidentiary statute allowing for the admissibility of affidavits that would otherwise be considered hearsay.Id. at *4 (holding that the Atwoods were still required to demonstrate that the services were sought as a result of Pietrowiczâs actions).This rule does not change in the context of chapter 27 hearings. As the supreme court has instructed us, in the context of a chapter 27 dismissal hearing, the judge, as the factfinder, must determine whether the amount is ânot excessive or extreme, but rather moderate or fair.â Sullivan, 488 S.W.3d at 299.The gist of Appellantsâ argument on appeal is that because the charges in Appelleeâs 18.001 affidavit were excessive, as opposed to moderate or fair, the trial court erred by awarding the entire amount sought. For the reasons already set forth above, we agree. Consequently, we sustain this part of Appellantsâ second issue. On remand, the court should consider in its determination and award of reasonable attorneyâs fees, among other factors, Appelleeâs choice to file an answer before service of citation, his knowledge of the upcoming nonsuit, and his intent to use a dismissal in another lawsuit against him by the same plaintiffs. See Rauhauser I, 508 S.W.3d at 382 & n.3.B. Complaint as to the Award of Conditional Appellate FeesIn Appellantsâ seventh issue, they argue that the manner in which the trial court awarded conditional appellate attorneyâs fees is not authorized by law. In its âOrder Awarding Attorney Fees and Sanctions,â the trial court ordered â[conditional attorney's fees of $50,000.00 for a second appeal to the court of appeals, which such appeal does not result in a complete reversal of all amounts awarded." [Emphasis added.] We agree that the trial court improperly conditioned the award of attorneyâs fees.In considering the propriety of awarding appellate attorneyâs fees, we begin with the general rule that because a party should not be penalized for successfully appealing an error occurring in a lower court, appellate attorneyâs fees must be conditioned upon a successful appeal. Lawry v. Pecan Plantation Owners Assân, No. 02-15-00079-CV, 2016 WL 4395777, at *9 (Tex. App.âFort Worth Aug. 18, 2016, no pet.) (mem. op.); Solomon v. Steitler, 312 S.W.3d 46, 59 (Tex. App.âTexarkana 2010, no pet.) (âThe trial court may not grant an award of appellate attorneyâs fees unless such award is conditioned on a successful appeal, as doing so could penalize a party for pursuing a meritorious appeal.â); see also Ventling v. Johnson, 466 S.W.3d 143, 155 (Tex. 2015) (holding that when appellant partially prevailed on her appeal and both parties presented evidence in the trial court on the proper amount of attorneyâs fees for the appeal, âwhile the trial court has discretion as to the amount of reasonable and necessary appellate attorneyâs fees, it had no discretion to award Johnson no feesâ).Here, Appellants point out that given the appellate history of this case, the trial courtâs conditioning of the award of appellate attorneyâs fees on a âcomplete reversalâ created an âimpossibility.â Because of this courtâs prior holding that Appellee was entitled to some award of attorneyâs fees and sanctions, which has now become the law of the case, we agree that from the outset, Appellants were precluded from ever obtaining a âcomplete reversal of all amounts awarded.â See Rauhauser I, 508 S.W.3d at 389-90; City of Aledo v. Brennan, Nos. 02-14- 00147-CV, 02-14-00153-CV, 2016 WL 3157354, at *12 (Tex. App.âFort Worth June 2, 2016, pet. denied) (mem. op.) (explaining âlaw of the caseâ doctrine as providing that âa decision rendered in a former appeal of a case is generally binding in a later appeal of the same caseâ). As Appellants pointed out, âThe Court of Appeals ruled [Appellee] is entitled to an award of fees and sanctions.[Appellants] do not now contest this, nor would they ever appeal on these grounds as this issue has already been decided.â[35]Appellee offered three sentences in response: â[Appellants] complain that the âconditionâ imposed by the trial court for recovery of fees is âimpossible.â [Appellants] do not explain why the condition of success on appeal is âimpossible,â nor do [Appellants] reveal what condition they might find acceptable. [Appellants] lose.â We disagree.Given our holding above that sustains Appellantsâ complaint about the amount of attorneyâs fees awarded, Appellants have partially succeeded in prosecuting this appeal. See Intercontâl Grp. Pâship v. KB Home Lone Star L.P., 295 S.W.3d 650, 655 (Tex. 2009) (holding that â[w]hether a party prevails turns on whether the party prevails upon the court to award it something,â and explaining that a party who âsought over $1 million in damages, but instead left the courthouse empty-handed [was] â . . . not the stuff of which legal victories are madeââ (quoting Hewitt v. Helms, 482 U.S. 755, 760, 107 S. Ct. 2672, 2676 (1987)); see also Farrar v. Hobby, 506 U.S. 103, 111, 113 S. Ct. 566, 573 (1992) (holding that in a civil rights suit, âat least some relief on the meritsâ must be obtained by a party to qualify as a âprevailing partyâ). To avoid penalizing Appellants for successfully prosecuting their appeal, Appellants should not be made to pay for the appellate attorneyâs fees that Appellee incurred in his unsuccessful defense of his attorneyâs fees. See Lawry, 2016 WL 4395777, at *9; Solomon, 312 S.W.3d at 59.Because the trial courtâs conditioning of the award of appellate attorneyâs fees worked to reward the unsuccessful party and to punish the successful party on appeal, we sustain Appellantsâ seventh issue. See, e.g., Halleman v. Halleman, Nos. 02-11-00238-CV, 02-11-00259-CV, 2011 WL 5247882, at *3, *5 n.5 (Tex. App.âFort Worth Nov. 3, 2011, orig. proceeding) (mem. op.) (observing that âconditionalâ language entitling real party in interest to $50,000 if appellate court affirmed in whole or in part the trial courtâs divorce judgment was virtually guaranteed because neither party seemed likely to contest portion of judgment granting their divorce).C. Complaint as to the Trial Courtâs Failure to Timely RuleIn Appellantsâ sixth issue, they complain that the trial courtâs delay in ruling caused higher attorneyâs fees to be incurred.Generally speaking, there is little disagreement among courts and commentators alike that delay increases costs. See, e.g., Carrie E. Johnson, Comment, Rocket Dockets: Reducing Delay in Federal Civil Litigation, 85 Cal. L. Rev. 225, 225 (1997) (âCourts and commentators agree that civil docket delay in the federal courts is a serious problem, undermining justice and increasing costs to both litigants and society in general.â). And we have previously found in this case that the trial judge failed to rule on the motion to dismiss within the time prescribed by law. Rauhauser I, 508 S.W.3d at 381. Nevertheless, to the extent that Appellantsâ sixth issue identifies a wrong, it is a wrong without remedy.In ordinary cases, a trial courtâs failure to rule within a reasonable time period constitutes an abuse of discretion for which the remedy of mandamus is available. See In re Granite Shop, No. 02-08-00410-CV, 2009 WL 485696, at *2 (Tex. App.âFort Worth Feb. 24, 2009, orig. proceeding) (mem. op.). But in an action under the TCPA, a trial courtâs failure to rule on a motion to dismiss within the time mandated by law has a statutory remedyâthe motion is denied by operation of law. Tex. Civ. Prac. & Rem. Code Ann. §§ 27.005(a), .008(a). Immediately thereafter, an interlocutory appeal may be taken. Id. § 27.008(a); see In re Lipsky, 460 S.W.3d 579, 585 n.2 (Tex. 2015) (orig. proceeding) (explaining that the legislature has clarified that interlocutory appeal is permitted under the TCPA); cf. In re Van Waters & Rogers, Inc., 145 S.W.3d 203, 210-11 (Tex. 2004) (orig. proceeding) (âAbsent extraordinary circumstances, mandamus will not issue unless defendants lack an adequate appellate remedy.â). Here, Appellee appealed the trial courtâs denialâby operation of lawâof his motion to dismiss, resulting in a reversal of the trial courtâs order and the caseâs remand back to the trial court to consider attorneyâs fees and sanctions. Rauhauser I, 508 S.W.3d at 380, 390.Appellants now complain that the trial courtâs delay in ruling âresulted in windfall profits for [Appellee's] attorneys and multiplied the fee award against [Appellants] six times over.â Even if we were to assume the correctness of Appellantsâ assertion, Appellants point to no additional legal relief to which they would be entitled to rectify the problem, and we can find none. As discussed above, chapter 27 mandates that, as the prevailing party, Appellee will recover reasonable attorneyâs fees. See Tex. Civ. Prac. & Rem. Code Ann. § 27.009 (stating that if the trial court orders dismissal of a legal action under chapter 27, it âshallâ award to the moving party âcourt costs, reasonable attorneyâs fees, and other expenses incurred in defending against the legal action as justice and equity may requireâ). That these attorneyâs fees may have multiplied due to the trial courtâs delay in ruling on the motion to dismiss in a more expeditious fashion provides no exception under the statute. See generally id. § 27.010 (listing exemptions for state enforcement actions, commercial transactions, personal injury, wrongful death, or cases brought under the insurance code or arising out of an insurance contract). We overrule Appellantsâ sixth issue.III. SanctionsIn issues three and four, Appellants contend that the trial court erred in its imposition of non-monetary sanctions and that the monetary sanctions awarded were impermissibly punitive rather than a deterrent. We review a trial courtâs imposition of sanctions under an abuse of discretion standard. Nath v. Tex. Childrenâs Hosp., 446 S.W.3d 355, 361 (Tex. 2014) (reviewing sanctions under civil practice and remedies code chapter 10 and rule of civil procedure 13); see also Ball v. Rao, 48 S.W.3d 332, 338 (Tex. App.âFort Worth 2001, pet. denied).A. Complaint as to Non-Monetary SanctionsIn issue four, Appellants argue that the trial courtâs imposition of nonÂmonetary sanctions was improper as beyond the TCPAâs scope and thus constituted an abuse of discretion.[36] The statute permitting the assessment of sanctions, entitled âDamages and Costs,â provides,(a) If the court orders dismissal of a legal action under this chapter, the court shall award to the moving party: court costs, reasonable attorneyâs fees, and other expenses incurred in defending against the legal action as justice and equity may require; and sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter. Tex. Civ. Prac. & Rem. Code Ann. § 27.009(a). Here we are asked to determine whether the phrase âshall award to the moving party . . . sanctionsâ empowers a trial court to impose non-monetary sanctions, or whether the trial courtâs authority to award sanctions is limited solely to monetary sanctions. The key to that determination is found in the legislatureâs choice of the word âaward.âAs with any statutory term, we give effect to the legislatureâs intent in using the word âawardâ by looking to the plain meaning of the word. See Molinet v. Kimbrell, 356 S.W.3d 407, 411 (Tex. 2011) (âThe plain meaning of the text is the best expression of legislative intent unless a different meaning is apparent from the context or the plain meaning leads to absurd or nonsensical results.â). We not only must presume that the legislature deliberately and purposefully selected this particular word but also must presume that it deliberately and purposefully omitted words that it did not intend to include. See Wasson Interests, Ltd. v. City of Jacksonville, 489 S.W.3d 427, 438 (Tex. 2016) (citing Tex. Mut. Ins. Co. v. Ruttiger, 381 S.W.3d 430, 452 (Tex. 2012) (op. on rehâg)). When looking at the plain meaning of a particular word, the Code Construction Act also directs us that â[w]ords and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.â Tex. Govât Code Ann. § 311.011(b) (West 2013). Thus, when considering the meaning of a word chosen by the legislature, we look at how the word is applied in the larger legislative scheme. See id.The Texas Civil Practice and Remedies Code had its genesis in the Texas Statutory Revision Program of 1963, the purpose of which was âto clarify and simplify the statutes in order to make them more accessible, understandable, and usable.â Ron Beal, The Art of Statutory Construction: Texas Style, 64 Baylor L. Rev. 339, 356 (2012). Consistent with its name, the civil practice and remedies code includes procedures and, more germane to our analysis, remedies available in Texas civil legal actions. Compare Tex. Civ. Prac. & Rem. Code Ann. §§ 15.001-.007 (West 2017) (general venue rules), and id. § 16.004 (West 2002) (four-year limitations period), with id. §§ 31.001-43.005 (West 2015 & Supp. 2017) (âSubtitle C. Judgmentsâ), and id. §§ 61.001-66.003 (West 2008 & Supp. 2017) (âTitle 3. Extraordinary Remediesâ).An examination of the entire civil practice and remedies code reveals consistency with regard to the use of the term âaward.â[37] In the code, the word âawardâ is used exclusively in circumstances where a monetary remedy is available. See generally id. §§ 10.002-16.0038 (West 2017 & Supp. 2017), §§ 16.004-.037 (West 2002 & Supp. 2017), §§ 16.051-52.006 (West 2015 & Supp. 2017), §§ 61.001-72.004 (West 2008 & Supp. 2017), §§ 73.001-92A.003 (West 2017 & Supp. 2017), §§ 93.001-173.004 (West 2011 & Supp. 2017). In the sections of the code where the legislature specifically empowered courts to levy non-monetary sanctions, it chose a different wordââimposeââto describe the remedy. See id. §§ 9.012, 10.004(a) (West 2017), § 90.054. In every other statute within the codeâexcept for provisions applicable to arbitration awardsâ the legislature used the word âawardâ (or, occasionally, âassessâ)[38] when courts are not specifically empowered to levy non-monetary sanctions but are statutorily authorized to provide damages, monetary sanctions, attorneyâs fees, or costs, as set out below: Sanctions for Frivolous Pleadings and Motions. Under section 10.002(c), âThe court may award . . . reasonable expenses and attorneyâs fees . . . and . . . the court may award . . . all costs for inconvenience, harassment, and out-of-pocket expenses . . . .â Id. § 10.002(c) (emphasis added). Liability for Fraudulent Records or Deeds. Under section 12.006, âThe court shall award the plaintiff the costs of bringing the action . . . [including] all court costs, attorneyâs fees, and related expenses of bringing the action, including investigative expenses.â Id. § 12.006(a)-(b) (emphasis added). Limitations on Real Property Actions. Under section 16.034, âif the prevailing party recovers possession of the property from a person unlawfully in actual possession the court . . . shall award costs and reasonable attorneyâs fees . . . .â Id. § 16.034(a)(1) (emphasis added). Class Actions. Under section 26.003, âIf an award of attorneyâs fees is available under applicable substantive law . . . .â Id. § 26.003(a) (emphasis added). Recusal or Disqualification of Certain Judges. Under section 30.016(c), âA judge hearing a tertiary recusal motion against another judge who denies the motion shall award reasonable and necessary attorneyâs fees and costs to the party opposing the motion.â Id. § 30.016(c) (emphasis added). Miscellaneous Provisions. Under section 30.021, on a trial courtâs granting or denial of a motion to dismiss a case for having no basis in law or fact âthe court shall award costs and reasonable and necessary attorneyâs fees to the prevailing party.â Id. § 30.021 (emphasis added). Declaratory Judgments. Under section 37.009, âIn any proceeding under this chapter, the court may award costs and reasonable and necessary attorneyâs fees . . . .â Id. § 37.009 (emphasis added). Cf. id. § 140.006 (providing that notwithstanding section 37.009, if a declaratory judgment action is brought under chapter 140ââContractual Subrogation Rights of Payors of Certain Benefitsâââthe court may not award costs or attorneyâs fees to any party in the actionâ (emphasis added)). Availability of Certain Funds to Pay Damages. Under section 40.001(b), âA claimant may not collect damages awarded against an institution, facility, or program . . . .â Id. § 40.001(b) (emphasis added). Damages. Sections 41.002 through 41.011 contain the following: âThis chapter establishes the maximum damages that may be awarded in an action subject to this chapter, including an action for which damages are awarded . . . .â Id. § 41.002(b) (emphasis added). â[E]xemplary damages may be awarded only if . . . the claimant seeks recovery of exemplary damages . . . .â Id. § 41.003(a) (emphasis added). âExemplary damages may be awarded only if . . . .â Id. § 41.003(d) (emphasis added). âExcept as provided . . . exemplary damages may be awarded only if damages other than nominal damages are awarded.â Id. § 41.004(a) (emphasis added). âExemplary damages may not be awarded to a claimant who elects . . . .â Id. § 41.004(b) (emphasis added). â[A] court may not award exemplary damages . . . .â Id. § 41.005(a) (emphasis added). â[A]n award of exemplary damages must be specific . . . and each defendant is liable only for the amount of the award made . . . .â Id. § 41.006 (emphasis added). âPrejudgment interest may not be assessed or recovered on an award of exemplary damages.â Id. § 41.007 (emphasis added). âExemplary damages awarded . . . .â Id. § 41.008(b) (emphasis added). â[T]he amount of exemplary damages to be awarded . . . .â Id. § 41.009(d) (emphasis added). âBefore making an award of exemplary damages . . . .â Id. § 41.010(a) (emphasis added). â[W]hether to award exemplary damages and the amount of exemplary damages to be awarded . . . .â Id. § 41.010(b) (emphasis added). â[R]ecovery of medical or health care expenses incurred . . . .â Id. § 41.0105 (emphasis added). â[T]he amount of exemplary damages that may be awarded . . . .â Id. § 41.011(b) (emphasis added). Settlement. Under section 42.004(a)-(g), â[T]he offering party shall recover litigation costs from the rejecting party . . . if . . . the rejecting party is a claimant and the award will be less than 80 percent . . . ; or the rejecting party is a defendant and the award will be more than 120 percent . . . .â Id. § 42.004(a)-(b) (emphasis added). âThe litigation costs that may be recovered by the offering party under this section are limited to those litigation costs incurred . . . .â Id. § 42.004(c) (emphasis added). âThe litigation costs that may be awarded under this chapter to any party may not be greater than the total amount that the claimant recovers . . . .â Id. § 42.004(d) (emphasis added). âIf a claimant or defendant is entitled to recover fees and costs under another law, that claimant or defendant may not recover litigation costs in addition to the fees and costs recoverable under the other law.â Id. § 42.004(e) (emphasis added). âIf a claimant or defendant is entitled to recover fees and costs under another law, the court must not include fees and costs incurred by that claimant or defendant . . . .â Id. § 42.004(f) (emphasis added). âIf litigation costs are to be awarded against a claimant, those litigation costs shall be awarded to the defendant in the judgment . . . .â Id. § 42.004(g) (emphasis added). Wrongful Death. Under section 71.010(a)-(b), âThe jury may award damagesâ and â[t]he damages awarded shall be divided . . . among the individuals who are entitled to recover. . . .â Id. § 71.010(a)-(b) (emphasis added). Medical Liability. Under section 74.351(b)(1), when an expert report has not been timely served, the court âon the motion of the affected physician or health care provider, shall . . . enter an order that . . . awards . . . reasonable attorneyâs fees and costs of court incurred by the physician or health care provider,â id. § 74.351(b)(1) (emphasis added), and under section 74.507, â[f]or purposes of computing the award of attorneyâs fees when the claimant is awarded a recovery . . . the court shall . . . .â Id. § 74.507 (emphasis added). Sexual Exploitation by Mental Health Services Provider. Under section 81.004(a)-(b), âA plaintiff . . . may recover actual damages . . . [and] [i]n addition to an award under Subsection (a), a plaintiff . . . may recover exemplary damages and reasonable attorney fees.â Id. § 81.004(a)-(b) (emphasis added). Liability for Trafficking of Persons. Under section 98.003(a), âA claimant who prevails in a suit under this chapter shall be awarded . . . actual damages, . . . court costs[,] and reasonable attorneyâs fees.â Id. § 98.003(a)(1)-(3) (emphasis added). And under section 98.003(b), âIn addition to an award under Subsection (a), a claimant . . . may recover exemplary damages.â Id. § 98.003(b) (emphasis added). Liability for Compelled Prostitution and Certain Promotion of Prostitution. Under section 98A.003(a), âA claimant . . . shall be awarded . . . actual damages, including damages for mental anguish[,] . . . court costs[,] ⌠and reasonable attorneyâs fees.â Id. § 98A.003(a)(1)-(3) (emphasis added). Under section 98A.003(b), âIn addition to an award under Subsection (a), a claimant . . . may recover exemplary damages.â Id. § 98A.003(b) (emphasis added). Unlawful Disclosure or Promotion of Intimate Visual Material. Under sections 98B.003 and 98B.004, âA claimant . . . shall be awarded . . . actual damages, including damages for mental anguish[,] . . . court costs[,] and reasonable attorneyâs fees. ⌠In addition to an award under Subsection (a), a claimant . . . may recover exemplary damages,â and â[a] court that issues a temporary restraining order or a temporary or permanent injunction . . . may award . . . damages in the amount of . . . .â Id. §§ 98B.003, .004(b) (emphasis added). Abatement of Certain Common Nuisances. Under sections 125.003(d) and 125.068, âthe court may award a prevailing party reasonable attorneyâs fees . . . .â Id. §§ 125.003(d), .068 (emphasis added). Suits Against Sporting Range or Firearms or Ammunition Manufacturer, Trade Association, or Seller. Under section 128.053(b), if an expert report is not timely filed, on the motion of the affected defendant, the court shall enter an order âthat awards to the affected defendant attorneyâs fees and costs of court incurred by the defendant.â Id. § 128.053(b)(1) (emphasis added). Violation of Collegiate Athletic Association Rules. Under section 131.008, â[a] regional collegiate athletic association or institution that prevails in an action under this chapter is entitled to an award of reasonable attorneyâs fees and costs.â Id. § 131.008 (emphasis added). Trade Secrets. Under section 134A.005, â[t]he court may award reasonable attorneyâs fees to the prevailing party . . . .â Id. § 134A.005 (emphasis added). Arbitration. Under section 171.048, arbitrators âshall award attorneyâs fees . . . only if the fees are provided for . . . .â Id. § 171.048(c) (emphasis added). In contrast, in the rare sections under which nonmonetary sanctions are authorized, the legislature chose not to use the word âaward,â but instead, in all but one instance,[39] used the word âimposeâ: Frivolous Pleadings and Claims. Under section 9.012(c) and (e), âthe court shall . . . impose an appropriate sanction on the signatory, a represented party, or both. . . . The sanction may include one or more of the following: (1) the striking of a pleading or the offending portion thereof; (2) the dismissal of a party; or (3) an order to pay . . . the amount of reasonable expenses incurred because of the filing of the pleading, including costs, reasonable attorneyâs fees, witness fees, fees of experts, and deposition expenses.â Id. § 9.012(c), (e) (emphasis added). Sanctions for Frivolous Pleadings and Motions. Under section 10.004, âA court that determines that a person has signed a pleading or motion in violation of Section 10.001 may impose a sanction . . . limited to what is sufficient to deter repetition of the conduct . . . [and] may include any of the following: (1) a directive to the violator to perform, or refrain from performing, an act; (2) an order to pay a penalty into court; and (3) an order to pay to the other party the amount of reasonable expenses incurred by the other party because of the filing of the pleading or motion, including reasonable attorneyâs fees.â Id. § 10.004(a)-(c) (emphasis added). Failure to Make Trust Claim or Provide Notice and Trust Claim Material. Under section 90.054, âIf a claimant received compensation from an asbestos or silica trust for an injury that also gave rise to a judgment against a defendant for the same injury and the claimant failed to serveâ the statutorily required notice, âthe trial court . . . may impose an appropriate sanction, including setting aside the judgment and ordering a new trial.â Id. § 90.054(b) (emphasis added). Thus, under the statutory scheme provided in the civil practice and remedies code, it appears that the plain meaning of the word âawardâ means to assess a monetary amount, whereas the word âimposeâ may confer a larger grant of authority, such as to impose non-monetary sanctions.In section 27.009, the legislature once again employed the word, âaward.â Because it chose âaward,â rather than âimposeâ and did notâas it did in sections 9.012(3), 10.004, 90.054, and 140A.102(a)âexpressly confer the power to impose nonmonetary sanctions, we hold that section 27.009 does not authorize the imposition of nonmonetary sanctions. Because a trial court does not have discretion to misapply the law, the trial court here abused its discretion by imposing non-monetary sanctions. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding) (âA trial court has no âdiscretionâ in determining what the law is or applying the law to the facts.â). Accordingly, we sustain Appellantsâ fourth issue.B. Complaint that Excessive Sanctions Punished Rather than DeterredIn issue three, Appellants complain that the trial courtâs award of $150,000 in sanctions was excessive and impermissibly punitiveârather than a deterrent of future conductâthus violating due process because they nonsuited their lawsuit only weeks after filing it and because McGibney testified about his and ViaViewâs low net worth.1. EvidenceMcGibney stated in an affidavit attached to his supersedeas filing that his net worth was $258.47 and that ViaViewâs net worth was $7.02.Appellee points to two items of âevidenceâ in the record to support the award, which he attached to his response and objection to Appellantsâ motion for new trial. The first item referenced by him purports to show that two years prior to filing the lawsuit, in 2012, McGibney made a $1 million business offer. The second purports to show that in 2013, McGibney referred to ViaView as a âcompany that makes a few million dollars a year.â[40] However, even assuming such statements made years before the lawsuit was filed had any relevance to proving the current value of present day assets, we do not consider these items in our review of the trial courtâs award of monetary sanctions because these items were never offered into evidence. Compare Tex. R. Evid. 401 (defining relevant evidence as having any tendency to make a fact of consequence in determining the action more or less probable), with Thomas v. Oldham, 895 S.W.2d 352, 359 (Tex. 1995) (âThe standard for measuring damage to personal property is the difference in its market value immediately before and immediately after the injury, at the place where the damage occurred.â), Exxon Corp. v. Middleton, 613 S.W.2d 240, 246 (Tex. 1981) (op. on rehâg) (stating that market value may be calculated by using comparable sales and reciting that comparable sales of gas are those âcomparable in time, quality, quantity, and availability of marketing outletsâ), Fix It Today, LLC v. Santander Consumer USA, Inc., No. 02- 14-00191-CV, 2015 WL 2169301, at *4 (Tex. App.âFort Worth May 7, 2015, no pet.) (mem. op.) (requiring party to show reasonable cash market value at the time and place of conversion, in addition to other elements, to prevail on conversion claim), and EnviroPower, L.L.C. v. Bear, Stearns & Co., 265 S.W.3d 1, 7 (Tex. App.âHouston [1st Dist.] 2008, pet. denied) (defining âcurrent net worthâ under rule of appellate procedure 24.2 as âtotal current assets minus . . . total current liabilitiesâ (emphasis added)).2. ExcessAppellee also urges the application of the âGore Guideposts,â see BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 116 S. Ct. 1589 (1996), and cites examples of the âreprehensibilityâ of Appellantsâ conduct, both before and during the course of litigation.We reject Appelleeâs contention that the âGore Guidepostsâ are applicable here. In Gore, the Supreme Court set forth three factors to consider in determining whether punitive damages are excessive and thus violative of due process: (1) the reprehensibility of the defendantâs conduct; (2) the ratio between the penalty and the actual harm suffered by the plaintiff; and (3) the relative severity of civil or criminal penalties imposed for the defendantâs transgressions or comparable misconduct. See id. at 574-75, 116 S. Ct. at 1598-99. These factorsâfocused on the severity of the underlying tort and the degree of the actorâs culpabilityâdo not apply here, however, because the sanctions authorized under section 27.009, unlike the punitive damages addressed in Gore, are not aimed to punish but rather only to deter. See Tex. Civ. Prac. & Rem. Code Ann. § 27.009(a)(2).We agree that based on the meager evidence before us, the $150,000 sanction award was excessive. We sustain Appellantsâ third issue.IV. Other FindingsAppellants complain, in issue five, that the trial court erred by making a finding of âwillfulness and maliciousnessâ without the authority to do so. We agree.Chapter 27 permits the trial court to make additional findings upon the movantâs request. See Tex. Civ. Prac. & Rem. Code Ann. § 27.007(a) (providing for findings âregarding whether the legal action was brought to deter or prevent the moving party from exercising constitutional rights and is brought for an improper purpose, including to harass or to cause unnecessary delay or to increase the cost of litigationâ). And while findings of âwillfulness and maliciousnessâ are not among the findings listed, in Texas statutes, the word âincludingâ is a term of enlargement, not of limitation. Tex. Govât Code Ann. § 311.005(13) (West 2013); see Tex. W. Oaks Hosp., LP v. Williams, 371 S.W.3d 171, 179 (Tex. 2012) (holding that legislatureâs use of the term âincludingâ meant that statutory definition was nonexclusive); Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 440-41 (Tex. 2009) (op. on rehâg) (âInasmuch as we have been instructed [by government code section 311.005(13)] that ââ[i]ncludesâ and âincludingâ are terms of enlargement and not of limitation or exclusive enumeration,â we are restrained from circumventing Legislative intent by excluding from a non-exhaustive list a term as similar as âowner contractor.ââ (citation omitted)); Vision 20/20, Ltd. v. Cameron Builders, Inc., 525 S.W.3d 854, 857 (Tex. App.âHouston [14th Dist.] 2017, no pet.) (âIn Texas statutes, âincludesâ and âincludingâ are terms of enlargement and not of limitation.â). Therefore, the phrase, âand is brought for an improper purpose, including to harass or to cause unnecessary delay or to increase the cost of litigation,â Tex. Civ. Prac. & Rem. Code Ann. § 27.007(a), is not limited to the three improper purposes listed therein. But the question remains as to whether âwillfulness and maliciousnessâ can be fairly characterized as a type of âimproper purposeâ under the statute. See id.Willfulness is a type of mens rea and, as such, describes the state of mind of an actor at the time an act was performed. See Burnett Ranches, Ltd. v. Cano Petroleum, Inc., 289 S.W.3d 862, 866 (Tex. App.âAmarillo 2009, pet. denied). In a civil context, to be willful, a party must be more than negligent and must act with purpose and design. Id. Thus, although the trial courtâs finding that Appellants acted willfully acknowledges that the court found that they acted with some purpose, a finding of willfulness, without more, stops short of identifying the actual purpose itself, e.g., âto harass,â âto cause unnecessary delay,â or âto increase the cost of litigation.â See Tex. Civ. Prac. & Rem. Code Ann. § 27.007(a). The courtâs characterization of Appellantsâ conduct as âwillfulâ may be descriptive, but it stops short of a finding of an improper purpose. Thus, it falls outside of the boundary of the findings permitted by section 27.007(a).Malice, too, is a type of mens rea. See Foust v. Hefner, No. 07-13-00331- CV, 2014 WL 3928781, at *5 (Tex. App.âAmarillo Aug. 12, 2014, no pet.) (mem. op.). As with willfulness, a finding of malice is not tantamount to a finding of an improper purpose. Rather, it is an acknowledgement thatâwhether acting with purpose or without purposeâa person acted without justification or excuse or with ill will or wickedness of heart. See Malice, Blackâs Law Dictionary (10th ed. 2014). Again, while descriptive of an improper motive, this stops short of constituting the actual finding of an improper purpose contemplated by the statute. Thus, as with willfulness, maliciousness is a finding beyond those findings authorized by section 27.007(b). Accordingly, we sustain Appellantsâ fifth issue.[41]V. ViaViewâs âCounterclaimsâIn its eighth issue, Appellants complain that ViaView was ânever afforded the Opportunity to Pursue its Counterclaims per the Appellate order.â Appellee argues that because ViaView nonsuited these claims, there were no claims to be pursued. The relevant chronology is as follows: February 19, 2014: Appellants sued Appellee for, among other things, business disparagement and for tortious interference with business relationships. See Rauhauser I, 508 S.W.3d at 380. March 20, 2014: Appellants filed a âMotion to Dismiss Without Prejudiceâ as to all of their claims. See id. at 381. March 24, 2014: The trial court signed an order granting Appellantsâ motion and dismissing all of their claims against Appellee. See id. After the trial court subsequently declined to rule on Appelleeâs chapter 27 motion to dismiss, Appellee appealed to this court. See id. We held, in part, that while Appellants had the absolute right to nonsuit their own claims, Appellee retained his right to remedies under chapter 27 because his chapter 27 motion to dismiss survived the nonsuit. Id. at 381-82. We remanded the case to the trial court to enter an order of dismissal and âfor further proceedings relating to [Appellee]âs court costs, attorneyâs fees, expenses, and sanctions under section 27.009(a)(1) and (2) of the TCPA.â Id. at 390.In the opinion, we also held that[t]o the extent that ViaViewâs claims against [Appellee] for business disparagement and for tortious interference with business relationships are not based on alleged communications made by [Appellee] in connection with an issue related to McGibney, [Appellee] has failed to meet his section 27.005(b) burden to obtain dismissal under the TCPA of those claims.Id. Our mandate that issued on February 19, 2015, mirrored this holding with the following language: âWe remand this case to the trial court to enter an order dismissing all claims against Rauhauser except ViaViewâs business disparagement claim and tortious interference with business relationship claim to the extent those claims are not based on communications by Rauhauser made in connection with an issue relating to McGibney.â [Emphasis added.]We did not hold, nor did the mandate command, that ViaView was entitled to pursue its claims for business disparagement and tortious interference with a business relationship. Our holding was a narrow oneâthat Appellee was not entitled to the remedies afforded to him under the TCPA under either of these two claims asserted against him by ViaView if they were not based on alleged communications made by Appellee and related to McGibney. See id.Neither our holding nor the mandate revived the nonsuited claims. All of Appellantsâ claims remained nonsuited until the trial court signed a final judgment in this case on April 14, 2016. We overrule Appellantsâ eighth issue.VI. ViaViewâs Defamation ClaimIn their ninth issue, Appellants claim that ViaView cannot not be held liable under the TCPA because it had no standing to file suit for defamation and did not file suit for defamation against Appellee.Setting aside Appellantsâ assertion that ViaView did not have standing to file suit for defamation, their assertion that ViaView did not, in fact, file suit for defamation is not supported in the record. On February 19, 2014, Appellantsâ both McGibney and ViaViewâfiled their âPlaintiffsâ Original Petition and Request for Injunctive Relief.â On page 7 of their petition, Appellants asserted a cause of action for defamation against all named defendants, including Appellee, by pleading: âPlaintiffs, therefore, sue all Defendants for this pattern of defamation . . . that includes defamation per se . . . .â We note that both the subject of the sentence, âPlaintiffs,â and the verb âsueâ are plural, and only two plaintiffs were named in the lawsuitâMcGibney and ViaView. Thus, whether ViaView had standing to do so or not, ViaView did sue Appellee for defamation and defamation per se.As to Appellantsâ additional argument that ViaView did not have standing to maintain a defamation action, we do not address it herein, as Appellants wholly failed to brief this contention on appeal. See Tex. R. App. P. 38.1 (i). We overrule Appellantsâ ninth issue.VII. ConclusionHaving overruled Appellantsâ first, sixth, eighth, and ninth issues and part of Appellantsâ second issue, we affirm in part the trial courtâs judgment that some amount of attorneyâs fees should be awarded to Appellee. However, we sustain the portion of Appellantsâ second issue with regard to the amount of the attorneyâs fees awarded by the trial court and remand this portion of the case to the trial court once again to conduct a hearing on attorneyâs fees consistent with this opinion.We likewise sustain Appellantsâ fourth issue with regard to the imposition of non-monetary sanctions, Appellantsâ third issue with regard to the $150,000 sanctions award, Appellantsâ fifth issue in part with regard to the trial courtâs âwillfulness and maliciousnessâ findings, and Appellantsâ seventh issue with regard to the improper conditioning of appellate attorneyâs fees, and we vacate these portions of the trial courtâs judgment./s/ Bonnie SudderthBONNIE SUDDERTHCHIEF JUSTICEPANEL: SUDDERTH, C.J.; MEIER, J.; and KERRY FITZGERALD (Senior Justice, Retired, Sitting by Assignment).DELIVERED: April 19, 2018