In re Corral-Lerma (Per Curiam)
Annotate this CaseTeresa Corral-Lerma sued Border Demolition and Environmental, Inc. under the Texas Theft Liability Act. Border Demolition counterclaimed for attorney’s fees under the same Act. The trial court granted summary judgment in favor of Border Demolition and awarded $78,001 in attorney’s fees in attorney’s fees through trial and conditional fees for appeal, as well as court costs. In lieu of a supersedeas bond, Corral-Lerma deposited an amount equal to the court costs awarded. The trial court ruled that the attorney’s fees were properly excluded from the security amount because they are not an award of “compensatory damages” under Tex. Civ. Prac. & Rem. Code 52.006. The court of appeals disagreed and granted Border Demolition’s motion to increase the amount of security required to supersede the judgment against Corral-Lerma pending appeal. The Supreme Court conditionally granted mandamus relief and directed the court of appeals to withdraw its order, holding that, in accordance with In re Nalle Plastics Family Ltd. P’ship, attorney’s fees are not compensatory damages for purposes of calculating the security amount necessary to supersede a judgment during appeal.
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