No Need to Supercede
February 5, 2013Upon dismissing appellant’s groundless DTPA claim, the trial court awarded appellee $42,500 in attorney’s fees. On top of that, the trial court ruled that appellant had to deposit $36,000 to supersede the judgment. This ruling was based on the trial courts finding that the attorney’s fees it awarded to appellee were compensatory damages requiring a supersedeas bond. The Court of Appeals disagreed, holding that attorney’s fees are not compensatory damages and thus do not necessitate the identified security.
