Lorrie Frazin v. Marc Sauty and Benedicte Sauty

Summary

The Fifth District Court of Appeals of Texas at Dallas affirmed an order releasing a supersedeas bond in a landlord-tenant dispute. The court held that the appellant failed to preserve her challenge to the award of attorney’s fees and that post-judgment interest properly accrued from the date of the original trial-court judgment after the appellate court affirmed in part and reversed and rendered in part.

Holdings

1. Frazin failed to preserve her challenge to the attorney's-fees award because she did not show that she timely objected in the trial court to the award or its statutory basis.
2. When an appellate court reverses in part and renders judgment while affirming the remainder of the trial court's judgment, post-judgment interest accrues from the date of the original, erroneous trial-court judgment rather than from the later mandate, hearing, or enforcement order.

Questions Presented

1. Whether Frazin preserved her challenge to the award of attorney's fees by objecting in the trial court.
2. Whether post-judgment interest accrued from the date of the trial court's original judgment rather than from the date of the later evidentiary hearing, order, or appellate mandate.

Disposition

affirmed