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Re Nalle Plastics Limited Partnership for oral argument indicating that it will decide whether attorney’s fees must be superseded pending appeal.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
compensatory damages
Split of Authority Regarding Superseding Attorney’s Fees On Appeal
By Byron Henry on
Posted in Opinions & Judgments
The Dallas Court of Appeals, in an opinion by Chief Justice Carolyn Wright (left), recently held that attorney’s fees awarded in a judgment need not be superseded on appeal. In an opinion last year also by Chief Justice Wright, the Dallas Court held that attorney’s fees awarded in a breach of contract case were not "compensatory damages," and…
Superseding judgments: what damages must be superseded?
By Mike Northrup on
Posted in Opinions & Judgments
Supersedeas aficionados will want to take a look at the Austin Court of Appeals‘ opinion in Shook v. Walden. The opinion gives a very thorough treatment of the parties’ arguments and analysis of the law relating to elements of damages that must be superseded. To summarize, the court of appeals makes the following…