The Texas Supreme Court recently set In Re Nalle Plastics Limited Partnership for oral argument indicating that it will decide whether attorney’s fees must be superseded pending appeal. The Court will resolve a split of authority that has developed in Texas courts of appeals as to whether attorney’s fees consitute "compensatory damages" under Texas Rule of Appellate Procedure 24.2 and Texas Civil Practice and Remedies Code sec. 52.006.
Five Texas courts of appeals have addressed this issue. The Dallas and Austin courts have held that attorney’s fees are not compensatory damages, and, thus need not be superseded while the case is on appeal. My prior post on the Dallas decisions is here. The Houston (1st), Corpus Christi, and El Paso courts have held to the contrary.
The Texas Supreme Court’s order setting the case for argument can be found here and the parties’ briefing in the case can be found here. A date for the oral argument has not yet been determined.