Form 20-5

For a list of some requisites that should be met before a default judgment is obtained, see sections 20.22 through 20.26 in this chapter. See also sections 20.10 and 20.11 on judgment interest. See sec­tion 1.29 in this manual for a discussion of attorney’s fees for appellate proceedings.

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

Default Judgment

[Providing for Additional Attorney’s Fees for Unsuccessful Appeals]

At the hearing on this cause, Plaintiff appeared through his attorney of record. Defen­dant, although duly cited to appear and answer herein, has failed to file an answer within the time allowed by law. The citation with the officer’s return thereon has been on file with the clerk of this Court for ten days, exclusive of the day of filing and the day of judgment.

The Court has considered the pleadings and records on file in this cause and the evi­dence and is of the opinion that judgment should be rendered for Plaintiff.

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 for services rendered through the trial of this case;

4.$[amount] as additional attorney’s fees if Defendant files an appeal in the court of appeals that is ultimately unsuccessful, $[amount] as additional attorney’s fees if Defendant files a petition for review in the Supreme Court of Texas that is ultimately denied, and $[amount] as additional attorney’s fees if Defendant’s petition for review is granted but relief is not ultimately granted to Defendant;

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]