For a list of some requisites that should be met before a judgment nihil dicit is obtained, see sections 20.22 through 20.27 in this chapter. See also sections 20.10 and 20.11 on judgment interest. Some courts require a motion for entry of a judgment nihil dicit. 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.]
Judgment Nihil Dicit
At the hearing on this cause, Plaintiff appeared through his attorney of record. Defendant, although duly cited to appear and answer herein, has filed an answer but [that answer does not join issue with Plaintiff’s claim on the merits/has withdrawn the answer before trial].
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 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.
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Include foreclosure language if appropriate (see form 20-16). Continue with the following. |
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]