Corral-Lerma v. Border Demolition & Environmental, Inc.
420 S.W.3d 59
Tex. App.2012Background
- Corral-Lerma filed suit against Border Demolition & Environmental, Inc. and principals for multiple torts and theft under TTLA.
- Border Demolition sought attorney’s fees under TTLA; jury awarded $78,001 in fees plus appellate amounts.
- Trial court granted summary judgment on all claims and then awarded attorney’s fees, costs, and post-judgment interest.
- Corral-Lerma deposited $3,599.20 as appellate security in lieu of a bond.
- Border Demolition moved to have appellate security include the TTLA fees; Corral-Lerma argued fees are not included in security under §52.006.
- Trial court held attorney’s fees are not compensatory damages and set appellate security at $3,599.20; Border Demolition appealed seeking higher security.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attorney’s fees awarded under TTLA are compensatory damages for security purposes | Corral-Lerma: fees are not compensatory damages; exclude from security. | Border Demolition: fees are compensatory damages and must be included in security. | Fees must be included in security; security increased by $78,001. |
| Proper interpretation of §52.006(a) and related Rule 24.2 in determining security amount | Security should be limited to damages, costs, and interest, excluding fees. | Attorney’s fees are compensatory damages and belong in the security calculation. | Attorney’s fees are compensatory damages for security purposes; include in security. |
Key Cases Cited
- Bocquet v. Herring, 972 S.W.2d 19 (Tex. 1998) (mandatory award of attorney’s fees; not discretionary)
- Shook v. Walden, 304 S.W.3d 910 (Tex.App.-Austin 2010) (defines compensatory damages for §52.006(a))
- Fairways Offshore Exploration, Inc. v. Patterson Services, Inc., 355 S.W.3d 296 (Tex.App.-Houston [1st Dist.] 2011) (treats Chapter 41 definitions as inapplicable to §52.006)
- Imagine Automotive Group, Inc. v. Boardwalk Motor Cars, L.L.C., 356 S.W.3d 716 (Tex.App.-Dallas 2011) (attorney’s fees under TTLA not necessarily excluded from security (order))
- PopCap Games, Inc. v. MumboJumbo, L.L.C., 317 S.W.3d 913 (Tex.App.-Dallas 2010) (attorney’s fees in other contexts analyzed for security purposes)