Third Court of Appeals Civil Update October 2023

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The following are summaries of selected civil opinions issued by the Third Court of Appeals during August 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of September 11, 2023.

FAMILY LAW: Court reverses appellate fees awarded after conclusion of the appeal.

Morris v. Veilleux, No. 03-22-00178-CV (Tex. App.—Austin Aug. 25, 2023, no pet. h.) (mem. op.).

Mother requested temporary orders requiring father to pay appellate attorney’s fees pending appeal. The trial court ordered that it would award fees after the court of appeals’ ruling. After remand, the trial court awarded mother appellate fees. The court of appeals observed that Family Code § 109.001(a) permits a trial court to enter temporary orders during the pendency of an appeal, including payment of attorney’s fees. A trial court retains jurisdiction to order fees under…

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