Movant contends post-verdict that petition filed by county agency was frivolous and without merit. Movant filed his answer and counter-petition in underlying case and pled for attorney's fees. Judgment was for movant who then filed his motion for frivolous claim pursuant to TCPRC 105.002 and 105.003. County asserts that motion is untimely and that County should have been entitled to a jury question on the fees. County didn't object to the judge deciding fees because movant failed to file his claim prior to the close of evidence; thus, assumed no entitlement to fees as it was an issue for the jury. Since filing the claim is the first step and county had a right to present evidence at trial to defend the claim (had it been raised), the judge wants to know whether or not it was a jury issue and if it was waived by not submitting it.

Is this a juvi case ??
From your question it appears to be a civil case.

In a juvenile case the disposition (other than in a determinate sentence) would be decided by the Judge and therefore atty fees would not be a question for the jury.

If this is not a juvi case, I would suggest you put your question in the civil forum and you are more likely to get an appropriate response.