Opinion
NO. 01-20-00436-CV
07-09-2020
IN RE DON JACOBSON AUTOMOBILES, INC. D/B/A HILLCROFT AUTO CO., Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Don Jacobson Automobiles, Inc. d/b/a Hillcroft Auto Co. ("Jacobson"), seeks mandamus relief in connection with the county court's May 5, 2020 denial of a motion to dismiss for want of jurisdiction. Relator asserted the real party in interest, United Automobile Insurance Services, did not post a sufficient appeal bond and, therefore, the county court lacked jurisdiction and should have dismissed the real party in interest's appeal from a justice court judgment. We deny the relief sought.
The underlying case is Don Jacobson Automobiles, Inc. d/b/a Hillcroft Auto Company v. United Automobile Insurance Services, cause number 1152048, pending in the County Civil Court at Law No. 4 of Harris County, Texas, the Honorable Lesley Briones presiding.
Texas Rule of Civil Procedure 506.1, which governs appeals from justice courts, says the defendant "must file a bond in an amount equal to twice the amount of the judgment." TEX. R. CIV. P. 506.1(b). The Texas Supreme Court has held the amount required to be posted as a bond typically does not include attorney fees incurred in the prosecution or defense of a claim because attorney fees are not compensatory damages. In re Nalle Plastics Family Ltd. P'ship, 406 S.W.3d 168, 173 (Tex. 2013) ("Judgment debtors must now post appeal bonds 'equal [to] the sum of ... the amount of compensatory damages awarded in the judgment[,] ... interest for the estimated duration of the appeal[,] and ... costs awarded in the judgment.'") (citing TEX. CIV. PRAC. & REM. CODE § 52.006(a)). The supreme court said in Nalle Plastics that "[w]hile attorney's fees for the prosecution or defense of a claim may be compensatory in that they help make a claimant whole, they are not, and have never been, damages. Not every amount, even if compensatory, can be considered damages." Id. at 173.
We deny the petition for writ of mandamus.
PER CURIAM Panel consists of Chief Justice Radack and Justices Lloyd and Countiss.