Truck Insurance Exchange v. Robertson

89 S.W.3d 261, 2002 Tex. App. LEXIS 7495, 2002 WL 31322546
CourtCourt of Appeals of Texas
DecidedOctober 17, 2002
Docket2-01-337-CV
StatusPublished
Cited by26 cases

This text of 89 S.W.3d 261 (Truck Insurance Exchange v. Robertson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Truck Insurance Exchange v. Robertson, 89 S.W.3d 261, 2002 Tex. App. LEXIS 7495, 2002 WL 31322546 (Tex. Ct. App. 2002).

Opinion

OPINION

SUE WALKER, Justice.

I. Introduction

In this appeal, we address whether the trial court exceeded our mandate by awarding on remand prejudgment interest to Joe Robertson (“Robertson”) for a period from June 29, 1998 to August 6, 2001, and whether the trial court properly calculated this interest award. We will affirm.

II. Background Facts

A. The first appeal

Robertson successfully prosecuted an underinsured motorist (“UIM”) claim against his carrier, Truck Insurance Exchange (“Truck”). A jury returned a verdict for Robertson on June 29, 1998. The trial court entered a February 25, 1999 judgment and, subsequently, a May 5,1999 judgment for Robertson. The final May 5, 1999 judgment included an award of prejudgment interest calculated from the date Robertson gave notice of his claim, approximately seven and one-half years earlier. Truck appealed. Truck claimed that the trial court erred by awarding Robertson prejudgment interest because “Robertson had no right of recovery under his insurance policy until such time as liability and damage had been judicially determined.” 1 We sustained Truck’s issue. Citing Henson v. Southern Farm Bureau Casualty *263 Insurance Co., 17 S.W.3d 652, 654 (Tex. 2000), we held that Robertson was not “legally entitled to recover” from his UIM carrier until he established fault on the part of the uninsured/underinsured motorist and the extent of the resulting damages. Truck Ins. Exch. v. Robertson, No. 2-99-186-CV, slip op. at 5-6 (Tex.App.Fort Worth Jan. 25, 2001, no pet.) (not designated for publication). Accordingly, we reversed the trial court’s judgment and remanded the case to the trial court for “further proceedings, specifically entry of judgment consistent” with our opinion. Id. at 21.

B. The second appeal

On remand, the trial court entered an August 7, 2001 amended judgment for Robertson. The amended judgment awards Robertson prejudgment interest from the date of the jury’s verdict for him, June 29, 1998, through the day before the entry of the amended judgment, i.e., through August 6, 2001. Truck now appeals the amended judgment, asserting in two issues that the trial court exceeded the mandate of this court by awarding Robertson prejudgment interest and, alternatively, that the trial court miscalculated the interest it awarded to Robertson.

III. Trial Court Did Not Exceed This Court’s Mandate

In its first issue, Truck focuses on two sentences in our prior opinion and argues that because of this language, the trial court was not authorized to make any award of prejudgment interest to Robertson in the amended judgment on remand. Truck points out that our prior opinion states, “As a result, Allstate and Truck Insurance could not be accountable for prejudgment interest” and that the opinion in one of the other sections, not dealing with Truck’s prejudgment interest issue, states, “there should never have been any prejudgment interest on which the trial court could have awarded postjudgment interest.” Id. at 6 (emphasis added). Truck argues that the amended judgment’s prejudgment interest award on remand exceeds this court’s mandate and violates the law of the case as established by this court’s prior opinion.

In interpreting the mandate of an appellate court, the trial court looks not only to the mandate itself but also to the appellate court’s opinion. Hudson v. Wakefield, 711 S.W.2d 628, 630 (Tex.1986); Seale v. Click, 556 S.W.2d 95, 96 (Tex.Civ. App.-Eastland 1977, writ ref d n.r.e.). The trial court must observe and carry out the mandate of the court of appeals, and its orders carrying out the mandate are ministerial. Martin v. Credit Protection Ass’n, Inc., 824 S.W.2d 254, 255-56 (Tex. App.-Dallas 1992, writ dism’d w.o.j.).

Here, our judgment and mandate remanded the case to the trial court “for further proceedings consistent with this opinion.” Our opinion likewise remanded the case for “further proceedings, specifically entry of judgment consistent” with our opinion. Truck Ins. Exch., No. 2-99-186-CV, slip op. at 21. The trial court, in accordance with our mandate and consistently with our opinion, entered an amended judgment on remand. The amended judgment, consistent with our opinion, deleted the award of approximately seven and one-half years of prejudgment interest. The amended judgment, however, awarded Robertson prejudgment interest from the date of the jury’s verdict, June 29, 1998, through August 6, 2001, the day before the entry of the amended judgment.

Our opinion, viewed as a whole, prohibited only an award of prejudgment interest for any time period prior to a determination of the underinsured motorist’s liability and the extent of Robertson’s resulting *264 damages. Our opinion relied heavily on the supreme court’s decision in Henson. 17 S.W.3d at 653-54. Henson holds that prejudgment interest on a contractual UIM claim begins running on “the date liability of the uninsured/underinsured motorist is established” and further indicates that date is the date of the jury’s verdict for the insured. Id. at 652, 654. Specifically, Henson holds:

When the jury found Contreras at fault for the accident and found Henson damaged by her negligence, Henson became legally entitled to recover from her. And because the damages exceeded Contreras’ liability policy limits, Henson became entitled to the uninsured/under-insured motorist policy benefits, up to the policy limits. By the terms of the policies, no obligation to pay the claim existed until the jury established Contreras’ liability. And the insurers paid the claim promptly after the jury made its findings.... Therefore no compensation [prejudgment interest] is due for lost use of the funds.

Id. at 654 (emphasis added). Thus, nothing in our opinion, judgment, or mandate prohibited the trial court’s award of prejudgment interest from the date of the jury’s verdict for Robertson, i.e., the date the jury determined the liability of the underinsured motorist, through the day before entry of the amended judgment on remand. The trial court here did not, as in the cases cited by Truck, exceed the scope of our mandáte. See, e.g., Seale, 556 S.W.2d at 96-97 (holding limited remand for trial on issue of damages pleaded by cross-action precluded trial on alternative damages claim added in amended pleading after remand); see also Martin, 824 S.W.2d at 255-56 (holding trial court properly refused to award additional relief to Martin after mandate issued from supreme court).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

the Estate of Leah Rita Tillotson
Court of Appeals of Texas, 2022
Bramlett v. Phillips
359 S.W.3d 304 (Court of Appeals of Texas, 2012)
Cessna Aircraft Co. v. AIRCRAFT NETWORK, LLC.
345 S.W.3d 139 (Court of Appeals of Texas, 2011)
Barber v. Mercer
303 S.W.3d 786 (Court of Appeals of Texas, 2009)
Reynolds v. Murphy
266 S.W.3d 141 (Court of Appeals of Texas, 2008)
Denton County v. Tarrant County
139 S.W.3d 22 (Court of Appeals of Texas, 2004)
Norris v. State Farm Mutual Automobile Insurance Co.
217 S.W.3d 1 (Court of Appeals of Texas, 2004)
Madeksho v. Abraham, Watkins, Nichols & Friend
112 S.W.3d 679 (Court of Appeals of Texas, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
89 S.W.3d 261, 2002 Tex. App. LEXIS 7495, 2002 WL 31322546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/truck-insurance-exchange-v-robertson-texapp-2002.