Appellate Fee Conditioning OK

The appellant in Sumner v. Harbor Owners Ass’n disputed the conditioning language used in an award of attorneys’ fees against him, arguing that an award of “$10,000 in attorneys’ fees if [appellant] unsuccessfully appeals to the Texas Supreme Court” failed to ” set out the steps in an appeal to the Texas Supreme Court.” The Fifth Court found that this level of detail was unnecessary, and “[b]ecause the award of appellate fees is conditioned on [Appellant]’s unsuccessful appeal, we conclude the trial court’s award
is not in error.” No. 05-18-00580-CV (May 1, 2019) (mem. op.)