Category Archives: Supersedeas

SCOTX: Attorney Fees Need Not Be Superseded on Appeal

By D. Todd Smith on May 17, 2013 Posted in Appellate Practice, Opinions & Judgments, Supersedeas, Supreme Court Orders, Texas Supreme Court

In November 2011, I posted about whether attorney fees must be superseded to stay execution of a judgment pending appeal. Today, in In re Nalle Plastics Family Limited Partnership (No. 11-0903), the Texas Supreme Court resolved a split among the intermediate courts of appeals and answered the question, “No.” Let me set the stage a… Continue Reading

Must Attorney Fees Be Superseded on Appeal?

By D. Todd Smith on November 7, 2011 Posted in Appellate Practice, Procedure, Supersedeas

A split is developing among the intermediate Texas appellate courts on an issue important to civil trial lawyers and their clients: whether attorney fees must be included in the amount of security a judgment debtor must post to prevent execution on the judgment pending appeal. Under former Texas Rule of Appellate Procedure 24.2(a)(1), an appellant… Continue Reading