Opinion

Bethel v. Norman Furniture Co., Inc.

  • 756 S.W.2d 6
  • 1988 Tex. App. LEXIS 872
  • 1988 WL 34655
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Apr 20, 1988
Status
Published
On the bench
Duggan, Levy, Warren
Cited by
12 cases
Authority
More cited than 8.2%

The opinion

OPINION ON REHEARING

Appellants have filed a motion for rehearing contending in one point of error that we erred in affirming the award of attorney’s fees that have been or will be incurred on appeal. Appellants contend that there are no pleadings or evidence to support such an award.

Appellees alleged attorney’s fees generally in the sum of “at least” $1,474.41. Appellants filed no special exceptions to this pleading and waived any defects therein. Tex.R.Civ.P. 90 and 91. Appellee’s pleadings are sufficient to support an award of attorney’s fees incurred on ap *9 peal. Wolfe v. Speed Fab-Crete Corp. Int’l, 507 S.W.2d 276, 281 (Tex.Civ.App.—Fort Worth 1974, no writ).

Further, we hold that the trial court could take judicial notice of the contents of its file and the “usual and customary” attorney’s fee necessary for the prosecution of an appeal to this Court and the Texas Supreme Court “without receiving further evidence,” because the issue of attorney’s fees was tried to the court. Tex.Civ.Prac. & Rem. Code Ann. § 38.004 (Vernon 1986). It is presumed that “usual and customary” fees are reasonable. § 38.003. Nothing in the record rebuts this presumption; therefore, further evidence establishing reasonableness of the fees was not required. § 38.004.

Appellants’ sole point of error is overruled.

Accordingly, appellants’ motion for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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