River City Care Center, Inc. D/B/A River City Care Center v. Betty Taylor
04-14-00078-CV
| Tex. App. | Jun 30, 2015Background
- Betty Taylor sued River City Care Center for age discrimination; jury found age was a motivating factor but also found River City would have taken the same action absent that factor.
- Trial court entered final judgment prohibiting age discrimination and awarded damages and attorney’s fees to Taylor.
- River City appealed; the Fourth Court of Appeals issued a memorandum opinion reversing the trial court’s award of damages and attorney’s fees and rendered that Taylor take nothing.
- Taylor filed this Motion for Rehearing limited to the attorney-fee issue, arguing the appellate court wrongly reversed the fee award.
- Taylor argues she met Texas R. Civ. P. 279 requirements (trial testimony and a submitted jury question on fees) and that Tex. Lab. Code §21.125(b) expressly authorizes a court to award attorney’s fees even when the employer shows it would have taken the same action.
- Taylor requests the court either reinstate the trial-court fee award or remand for redetermination of reasonable fees if the appellate court finds trial evidence insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor waived right to recover attorney’s fees by failing to obtain a jury answer on fees | Taylor: No waiver — counsel testified to reasonable/necessary fees at trial and a jury question on fees was submitted | River City/Appellate opinion: Because jury did not answer fee question and fees were disputed, fee award was improper under Ables and Tex. R. Civ. P. 279 | Appellate court reversed and rendered that Taylor take nothing (including fees); Taylor seeks rehearing limited to fees arguing the appellate ruling was erroneous |
| Whether trial court had statutory authority to award attorney’s fees under Tex. Lab. Code §21.125(b) despite the employer proving it would have acted anyway | Taylor: §21.125(b) authorizes discretionary award of fees and trial court had testimony supporting the amount | River City: (implicit) no entitlement to fees if jury failed to resolve fee issue or procedural defects exist | Taylor contends statutory authority exists; she asks affirmance or remand for proper fee determination |
| Appropriate remedy when trial evidence on fees conflicts with post-trial affidavits | Taylor: Trial testimony established hourly rate and reasonableness; if evidentiary gap, remand for redetermination under lodestar factors | River City: (implicit) appellate correction appropriate if evidence insufficient or waived | Taylor requests either affirmance of fee award or remand to trial court to reassess reasonable fees |
| Standard of review for fee awards under §21.125(b) | Taylor: Fee awards are discretionary; appellate court should defer to trial court if supported by evidence | River City: Appellate court applied reversal based on procedural waiver/absence of jury finding | Taylor urges deference to trial court discretion and evidentiary record supporting the award |
Key Cases Cited
- Ragsdale v. Progressive Voters League, 801 S.W.2d 880 (Tex. 1990) (fee awards rest in trial court's discretion)
- EL Apple I, Ltd. v. Olivas, 370 S.W.3d 757 (Tex. 2012) (standards for appellate review and remand on fee issues)
- Univ. of Tex. v. Ables, 914 S.W.2d 712 (Tex. App.—Austin 1996, no writ) (failure to submit jury question and exclusion of fee testimony can waive fee recovery under Rule 279)
- City of Laredo v. Montano, 414 S.W.3d 731 (Tex. 2013) (discussing appellate review of trial court determinations and remand relief)