The Office of the Attorney General of Texas v. Danny J. Lee

92 S.W.3d 526 (Tex. 2002) · Supreme Court of Texas · December 5, 2002 · No. No. 01-0471

Summary

The Supreme Court of Texas held that child-support judgments accrue postjudgment interest automatically under the applicable statute, even when the judgment does not expressly award interest. The court also held that the Office of the Attorney General, acting as a Title IV-D agency, is not required to pay appellate filing fees unless expressly authorized by the Family Code. The court reversed the court of appeals and remanded the case to the trial court.

Holdings

  1. A child-support judgment, like any other monetary judgment, automatically accrues statutory postjudgment interest even when the judgment does not expressly award interest.
  2. The Office of the Attorney General, when acting as a Title IV-D agency, is not required to pay appellate filing fees unless the Family Code expressly authorizes those fees.

Questions Presented

  1. Whether a child-support judgment accrues postjudgment interest when the judgment does not expressly award such interest.
  2. Whether the Office of the Attorney General, acting as a Title IV-D agency, is required to pay appellate filing fees in a Title IV-D appeal.

Disposition

reversed_and_remanded

Cases Cited (5)

  • Lenz v. Lenz, 79 S.W.3d 10, 19 (Tex. 2002)(followed)
  • Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 540 (Tex. 1981)(followed)
  • Mauzy v. Legislative Redistricting Bd., 471 S.W.2d 570, 572 (Tex. 1971)(followed)
  • 47 S.W.3d 693, 695(reversed)
  • 36 S.W.3d 702, 704, 708(reversed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…