law-attorneys-fees-on-appeal
The Trial Court Erred in Awarding Unconditional Appellate Attorney's Fees
In his third point of error, Tully argues the trial court erred in not conditioning the award of attorney's fees in
the event of an appeal on the success of that appeal. An award for attorney's fees should be conditioned on a
successful appeal. Westech Eng'g, Inc. v. Clearwater Constructors, Inc., 835 S.W.2d 190, 205 (Tex. App.—
Austin 1992, no writ). While the award of attorney's fees being conditioned on a successful appeal is probably
implied in the trial court's judgment, we reform the judgment to reflect that Citibank is only eligible to receive
attorney's fees if the appeal is successful. See J.C. Penney Life Ins. Co. v. Heinrich, 32 S.W.3d 280, 290 (Tex.
App.—San Antonio 2000, pet. denied).
Tully v. Citibank (South Dakota), N.A., 173 S.W.3d 212, 216, No. 06-05-00027-CV (Tex.App.- Texarkana
2005, no pet.)(We reform the trial court's judgment to condition the award of attorney's fees on the success of
the appeal. Because we have held that the trial court erred in granting the summary judgment, Citibank is not
eligible to receive attorney's fees for this unsuccessful appeal.