D.R. Horton - Texas, Ltd. v. William Bernhard and Nadia Bernhard

Opinion

February 20, 2014

JUDGMENT

The Fourteenth Court of Appeals D.R. HORTON - TEXAS, LTD., Appellant

NO. 14-12-01150-CV V.

WILLIAM BERNHARD AND NADIA BERNHARD, Appellees ________________________________

This cause, an appeal from the judgment in favor of appellees, William Bernhard and Nadia Bernhard, signed November 12, 2012, was heard on the transcript of the record. We have inspected the record and find error in the judgment awarding appellate attorney’s fees. We therefore REFORM the judgment of the court below by striking the following two paragraphs:

“IT IS FURTHER ORDERED that, in the event of appeal of this judgment to the court of appeals, Defendant D.R. Horton- Texas, Ltd. shall pay Plaintiffs $18,500.00 in attorney’s fees defending this judgment.

IT IS FURTHER ORDERED that, in the event of appeal from any adverse ruling by the court of appeals, Defendant D.R. Horton-Texas, Ltd. shall pay Plaintiffs $25,000.00 in attorney’s fees defending this judgment.”

We order the judgment of the court below AFFIRMED except as modified in this judgment.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.