Rule 510.21. DAMAGES ON APPEAL

RULE 510.21. DAMAGES ON APPEAL

On the trial of the case in the county court the appellant or appellee will be permitted to plead,

prove and recover his damages, if any, suffered for withholding or defending possession of the

premises during the pendency of the appeal. Damages may include but are not limited to loss of

rentals during the pendency of the appeal and attorney fees in the justice and county courts

provided, as to attorney fees, that the requirements of Section 24.006 of the Texas Property Code

have been met. Only the party prevailing in the county court will be entitled to recover damages

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against the adverse party. The prevailing party will also be entitled to recover court costs and to

recover against the sureties on the appeal bond in cases where the adverse party has executed an

appeal bond.