Long v. Castle Texas Production Ltd. Partnership
330 S.W.3d 749
| Tex. App. | 2011Background
- Long Trusts sued Castle in 1996; Castle answered counterclaim against Long Trusts.
- Trial court entered final judgment on September 5, 2001; Long Trusts prevailed, Castle prevailed on its counterclaim.
- Texas appeals court reversed and remanded for remittitur of attorney's fees and damages, reformed judgment, and severed Castle's counterclaim; limited remand to calculate prejudgment interest.
- Castle waived prejudgment interest at a March 25, 2009 hearing, and a 2009 judgment was entered for postjudgment interest from September 5, 2001.
- Long Trusts argued postjudgment interest began March 25, 2009; Castle argued accrual from the original judgment date under controlling precedent.
- Texas Supreme Court and intermediate appellate decisions (e.g., Timpson; Lewis) support accrual from the date of rendition of the original judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does postjudgment interest commence? | Long Trusts: accrues from March 25, 2009 (date of latest judgment). | Castle: accrues from September 5, 2001 (original judgment date) per controlling precedent. | Accrual begins September 5, 2001. |
Key Cases Cited
- Lewis v. Hill, 429 S.W.2d 572 (Tex.Civ.App.-Tyler 1968) (postjudgment interest from original judgment date when remittitur etc.)
- Timpson v. City of Timpson, 795 S.W.2d 24 (Tex.App.-Tyler 1990) (interest from original judgment despite remand for limited issues)
- Castle Tex. Prod. Ltd. P'ship v. Long Trusts, 134 S.W.3d 267 (Tex.App.-Tyler 2003) (remand for prejudgment interest does not defeat accrual from original judgment)
- Sisters of Charity of the Incarnate Word v. Dunsmoor, 832 S.W.2d 112 (Tex.App.-Austin 1992) (postjudgment interest principles cited)
- Garza v. Tex. Alcoholic Bev. Comm'n, 89 S.W.3d 1 (Tex. 2002) (judgment rendition timing and postjudgment interest framework)