The court of appeals held that attorneys' fees are both compensatory damages and costs for the purpose of suspending enforcement of a judgment. To suspend enforcement of a money judgment pending appeal, a judgment debtor must post security equaling the sum of compensatory damages awarded in the judgment, interest for the estimated duration of the appeal, and costs awarded in the judgment. That amount does not include attorneys' fees incurred in the prosecution or defense of the claim. Mandamus relief is conditionally granted. Texas Supreme Court, No. 11-0903, 05-17-2013.
In Re: Nalle Plastics Family Limited Partnership
Tx. Sup. Ct.
May 23, 2013