[TX] What motion do you file to recover attorney’s fees paid under an order later reversed on appeal?

I understand that dealing with attorney's fees can be quite stressful. Can you please share which court you are currently dealing with regarding this matter?

Have you already filed any motions related to this issue, or is this your first step in seeking recoupment?

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your attorney's fees.

Hi there pleasure to connect. Can you first confirm the state you are in so I can better help you.

Because the Court of Appeals vacated the trial court's order awarding attorney's fees, you generally have grounds to seek restitution of the amounts you paid. In Texas, there is not a specific "motion to recoup attorney's fees." Instead, after the appellate court's mandate issues and jurisdiction returns to the trial court, you would typically file a motion for restitution (or motion to enforce the appellate judgment and for restitution) asking the trial court to order the opposing party to reimburse the attorney's fees paid under the now-vacated order. Texas courts recognize that when a judgment is reversed, the party who paid money under that judgment is ordinarily entitled to restitution unless there are equitable reasons to deny it. This principle is well established in Texas case law; the Texas Supreme Court has held that when a judgment is reversed, the party who paid money to satisfy it is generally entitled to have that money returned, along with interest (Miga v. Jensen, 299 S.W.3d 98 (Tex. 2009)).

One important point is timing. Although the Court of Appeals has issued its judgment, the trial court generally should not act until the appellate mandate has been issued. Once the mandate is received, you can file your motion, attach the Court of Appeals' opinion and judgment (and later the mandate), provide proof of the payment you made, and request entry of an order requiring repayment, along with post-judgment interest if appropriate. If the appellate opinion specifically addressed the attorney's fee award, be sure to reference that language in your motion, as it strengthens your request.

In most Texas civil appeals, you should not expect the mandate immediately after the judgment. Under the Texas Rules of Appellate Procedure, a party generally has 15 days after the court of appeals' judgment to file a motion for rehearing (or en banc reconsideration). If no such motion is filed, the appellate court typically issues its mandate 10 days later. In other words, if no further appellate filings are made, the mandate often issues about 25 days after the judgment.

If the opposing party files a timely motion for rehearing or another post-judgment motion, the mandate will be delayed until those motions are resolved. You can monitor the appellate docket to see whether any post-judgment motions have been filed. Once the mandate is issued and sent to the district court, that is generally the appropriate time to file your motion seeking restitution of the attorney's fees you paid under the now-vacated order.

You are most welcome. Does that address your posted questions?

You are most welcome. All the best. Take care!