Form 20-10

This form may be used for the occasional situation in which the court disposes of some matters by summary judgment and resolves controverted issues (usually attorney’s fees) by later trial (see section 19.52 in this manual). If the controverted issues were not tried immediately after the hearing on the motion for summary judgment, the judge should have signed an interlocutory “partial summary judg­ment” (form 20-9), which will be replaced by this final judgment. For a motion for summary judgment, see form 19-9. See sections 20.10 and 20.11 on judgment interest. See section 1.29 for a discussion of attorney’s fees for appellate proceedings.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Final Summary Judgment

At the hearing on Plaintiff’s Motion for Summary Judgment in this cause, [recite appearances, e.g., all parties appeared through their attorneys of record].

On [date], the Court entered its interlocutory summary judgment after it examined the pleadings and evidence before it, interrogated counsel, and found that there were no genuine issues of material fact concerning [summarize material fact areas, e.g., the fact of Defendant’s debt to Plaintiff and the amount of principal and interest owed] and that Plaintiff was entitled to judgment as a matter of law on these issues. Thereafter, a trial was held on the remaining genuine issues of material fact regarding [summarize controverted material fact areas, e.g., the amount of attorney’s fees for which Defendant should be liable to Plaintiff]. All parties appeared through their attorneys of record and announced that they were ready for trial.

Because a jury was not requested, the Court decided all fact questions at the trial. The Court considered the pleadings and records on file in this cause, the evidence, and the argu­ments of counsel and is of the opinion that judgment should be rendered for Plaintiff on the controverted facts.

It is accordingly ADJUDGED that [name of plaintiff], Plaintiff, recover from [name of defendant], Defendant, judgment for—

1.$[amount] as the principal amount due;

2.$[amount] as interest on the principal amount through the day before the date of judgment;

3.$[amount] as attorney’s fees through the date of judgment;

4.additional attorney’s fees in the amount of $[amount] if Defendant files a Motion for New Trial, plus the amount of $[amount] if an appeal of this cause is made to the court of appeals, plus the amount of $[amount] in the event either party files a Petition for Review in the Texas Supreme Court, plus the amount of $[amount] in the event the Petition for Review is granted, plus the amount of $[amount] in the event that either party seeks rehearing in the Texas Supreme Court, and all posttrial attorney’s fees awarded in this paragraph are contin­gent on Plaintiff’s prevailing;

5.$[amount] for costs of court; and

6.interest at the rate of [percent] percent per year on the total judgment from the date of judgment until paid.

It is ORDERED that Plaintiff shall have all writs of execution and other process neces­sary to enforce this judgment.

This judgment finally disposes of all parties and all claims and is appealable.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for [name of plaintiff]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

   
[Name]
Attorney for [name of defendant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]