Form 20-8

This form may be used for a final summary judgment disposing of all parties and issues. For other summary judgment forms, see forms 20-9 (partial summary judgment) and 20-10 (judgment after trial of some issues) in this chapter. For a motion for summary judgment, see form 19-9 in this manual. See also 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

On this date, the Court considered Plaintiff’s Motion for Summary Judgment. [Recite appearances, e.g., All parties appeared through their attorneys of record.]

The Court has considered the motion; the response, if any; the pleadings and official records on file in this cause; the evidence; and the arguments of counsel and finds that there is no genuine issue about any material fact and that Plaintiff is entitled to judgment as a matter of law.

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]