Must Attorney Fees Be Superseded on Appeal?

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A split is developing among the intermediate Texas appellate courts on an issue important to civil trial lawyers and their clients: whether attorney fees must be included in the amount of security a judgment debtor must post to prevent execution on the judgment pending appeal.

Under former Texas Rule of Appellate Procedure 24.2(a)(1), an appellant seeking to supersede a money judgment had to post security in “at least the amount of the judgment, interest for the estimated duration of the appeal, and costs.” House Bill 4, the 2003 tort-reform package, altered the amount of security required to supersede a money judgment by substituting “the amount of compensatory damages awarded in the judgment” for “the amount of the judgment.” The Texas Supreme Court amended Rule 24.2 accordingly.

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Published In: Civil Procedure Updates, Civil Remedies Updates, Conflict of Laws Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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