Form 9C:1 Judgment - Standard Form

{STYLE OF THE CASE - FORM 1B:2}

{FINAL/PARTIAL} JUDGMENT

On {date}, this case was called for trial. Plaintiff, {name}, appeared {in person/through {his/her/its} representative} and through {his/her/its} attorney and announced ready for trial. Defendant, {name}, appeared {in person/through {his/her/its} representative} and through {his/her/its} attorney and announced ready for trial.

{CHOOSE APPROPRIATE PARAGRAPH}

After a jury was impaneled and sworn, it heard the evidence and arguments of counsel. In response to the jury charge, the jury made findings that the court received, filed, and entered of record. The questions submitted to the jury and the jury's findings are attached as Exhibit {letter} and incorporated by reference. {Party} filed a motion {for judgment on the verdict/for judgment notwithstanding the verdict/to disregard the jury's answer to question number {number}}.

All matters in controversy, legal and factual, were submitted to the court for its determination. The court heard the evidence and arguments of counsel and announced its decision for {party}. {Party} filed a motion for judgment based on the court's decision.

The court

{ADD APPROPRIATE STATEMENT}

(A)	hereby RENDERS judgment for {party}. {See O'Connor's Texas Rules, "Rendition," ch. 9-C, §3.1, p. 596}

(B)	orally RENDERED judgment for {party} on {date}. This written judgment memorializes that rendition. {See O'Connor's Texas Rules, "Signing," ch. 9-C, §3.2, p. 597}

{CHOOSE APPROPRIATE PARAGRAPH 1}

1.	Therefore, the court orders that plaintiff recover from defendant the sum of ${amount}, {add if allowed: prejudgment interest on that sum at the annual rate of {specify rate of interest}, in the sum of ${amount},} postjudgment interest on the total sum at the annual rate of {specify rate of interest}, and court costs.

1.	Therefore, the court orders that plaintiff take nothing by {his/her/its} suit and that defendant recover court costs from plaintiff.

1.	Therefore, the court orders that plaintiff take nothing by {his/her/its} suit and that defendant recover from plaintiff the sum of ${amount}, {add if allowed: prejudgment interest on that sum at the annual rate of {specify rate of interest}, in the sum of ${amount},} postjudgment interest on the total sum at the annual rate of {specify rate of interest}, and court costs.

1.	Therefore, the court orders {frame other judgment supported by pleadings and findings}.

{IF TEX. BUS. & COM. CODE §17.5052 APPLIES, ADD PARAGRAPH 2}

2.	This is a suit under the Texas Deceptive Trade Practices Act in which plaintiff rejected defendant's offer of settlement made in compliance with Texas Business & Commerce Code section 17.5052(a), (d), and (f). The terms of the settlement offer were the following: {state amount or terms of settlement offer}. The {jury/court} found damages for plaintiff to be {state amount found by the jury or the court}. The amount of the settlement offer, reduced to cash value, was {the same as/substantially the same as/more than} the amount of the damages found by the {jury/court}. Under Texas Business & Commerce Code section 17.5052(g), plaintiff's recovery is limited to the lesser of (1) the amount of damages tendered in the settlement agreement or (2) the amount of damages tendered by the trier of fact. Therefore, plaintiff is limited to a recovery of ${amount}. {See O'Connor's COA, "Offers of settlement," ch. 8, §6.2, p. 194}

{IF TEX. R. CIV. P. 167 APPLIES, ADD PARAGRAPH 3}

3.	This is a suit in which plaintiff rejected defendant's offer of settlement made in compliance with Texas Civil Practice & Remedies Code chapter 42 and Texas Rule of Civil Procedure 167. The terms of the settlement offer were the following: {state amount or terms of settlement offer}. The {jury/court} found damages for plaintiff to be {state amount found by the jury/court}. The amount of damages found by the {jury/court}, reduced to cash value, was significantly less favorable to plaintiff than defendant's offer of settlement. {Elaborate.} Defendant is entitled to recover {his/her/its} litigation costs as an offset against plaintiff's recovery. Tex. Civ. Prac. & Rem. Code §42.004(g); Tex. R. Civ. P. 167.4(g). The court awards litigation costs to defendant in the amount of {amount}. Therefore, plaintiff is limited to a recovery of {amount}. {See O'Connor's Texas Rules, "Litigation Costs," ch. 7-G, §6, p. 508}

{IF TEX. FIN. CODE §304.101 APPLIES, ADD PARAGRAPHS 4-5}

4.	This is a suit for {personal injury/wrongful death/property damages}, and prejudgment interest is governed by Texas Finance Code section 304.101 et seq. Prejudgment interest began accruing on the {180th day after the date defendant received written notice of the claim/date the suit in which judgment is rendered was filed against defendant}, which was {date}, and stopped accruing on the day before the date judgment was rendered, which was {date}. Tex. Fin. Code §304.104. {See O'Connor's Texas Rules, "Accrual," ch. 9-C, §4.5.1, p. 599; O'Connor's COA, "Time of accrual," ch. 36, §2.3.3, p. 1029}

{CHOOSE APPROPRIATE PARAGRAPH 5}

5.	The amount of prejudgment interest earned under Texas Finance Code section 304.104 is not reduced under Section 304.105 because defendant did not make a written settlement offer that complied with Section 304.106.

5.	The amount of prejudgment interest earned under Texas Finance Code section 304.104 is reduced under Section 304.105 because defendant made a written settlement offer to plaintiff on {date}, in the amount of ${amount}. Plaintiff rejected the offer on {date}. Prejudgment interest did not accrue on the amount of the {judgment during the time the offer was considered because the judgment was equal to or less than the amount of the settlement offer/settlement offer during the time the offer was considered because the judgment was more than the amount of the settlement offer}. Tex. Fin. Code §304.105. Thus, by multiplying the number of days the settlement offer was considered times the applicable interest rate of {number} percent and subtracting that amount from the total prejudgment interest earned, plaintiff is entitled to prejudgment interest of only ${amount}.

{IF ATTORNEY FEES REQUESTED, ADD APPROPRIATE PARAGRAPH 6}

6.	{Party} requested attorney fees based on {identify authority}. {Party} offered evidence {at trial/at a hearing/by filing an affidavit} proving reasonable and necessary attorney fees in the amount of ${amount}. The court orders {adverse party} to pay {party} ${amount} for attorney fees. {See O'Connor's COA, "Attorney Fees," ch. 38, p. 1041}

6.	{Party} requested attorney fees based on Texas Civil Practice & Remedies Code chapter 38. The court examined the file, took judicial notice of the usual and customary attorney fees, and determined reasonable and necessary attorney fees to be ${amount}. The court orders {adverse party} to pay {party} ${amount} for attorney fees. {See O'Connor's COA, "Attorney Fees," ch. 38, p. 1041}

7.	This judgment is {final/not final}, {disposes/does not dispose} of all claims and all parties, and {is/is not} appealable. {See O'Connor's Texas Rules, "Final Judgment," ch. 9-C, §6, p. 602}

{IF JUDGMENT FINAL, ADD PARAGRAPH 8}

8.	The court orders execution to issue for this judgment.

SIGNED on _______________, 200__.