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Shook v. Walden

Recent decisions may imply that Civil Practices and Remedies Code �41.007 would independently limit or preclude prejudgment interest from being included in the baseline to which chapter 41's multiplier is applied to calculate the current exemplary damage caps. Regardless, the court does not believe that any such limitation deriving from �41.007 would change what the plain text of �41.001's definitions of "compensatory damages" and "economic damages" mean, as they are incorporated into �52.006, subsection (a)(1). Austin Court of Appeals, No. 03-09-00576-CV, 02-18-2010

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ON MOTION FOR REVIEW OF SECURITY AMOUNT

OPINION

Appellant Stanley Shook has filed a motion for review of a December 9, 2009 district court order determining the amount of security required for him to suspend enforcement of the district court’s judgment pending this appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 52.006(d) (West 2008); Tex. R. App. P. 24.4. The primary issues in dispute are whether section 52.006, subsection (a), of the civil practice and remedies code, as amended in 2003, requires Shook to secure the amount of attorney’s fees and prejudgment interest awarded in the district court’s judgment. Also at issue is whether Shook sufficiently secured the costs awarded in the judgment and post-judgment interest. We conclude that Shook is not required to secure the amount of attorney’s fees and that he sufficiently secured costs. However, we hold that Shook is required to secure the amount of prejudgment interest awarded in the judgment and furnish additional security for post-judgment interest.

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