If the final judgment includes specific conditional attorney’s fees ($15,000 for appeal to the Court of Appeals, $25,000 for the Supreme Court), those amounts are typically “contingent appellate fees.” Judges in Texas often include these as a standard provision, to be awarded only if the opposing party successfully defends the judgment on appeal.
That means they’re not due immediately — they only become enforceable if you lose the appeal.
If you disagree with the inclusion or the amount (for example, if it’s excessive or unsupported by evidence), you have a couple of options:
1. File a Motion to Reconsider or Modify Before the Judgment Is Final
- You can file a Motion to Modify, Correct, or Reform the Judgment before it becomes final within 30 days of signing. (Rule 329b)
- You’d argue that the contingent appellate fees are unreasonable, unsupported by evidence, or improperly included.
- You can also request the court to hold an evidentiary hearing where the other side must prove how those amounts were calculated.
2. Raise It in Your Appeal
- If the court signs the judgment and you proceed with your appeal (for example, to contest dismissed claims), you can include this issue in that same appeal.
- You do not need to file a separate appeal just for the attorney’s fees — you can challenge both the dismissal of your claims and the attorney’s fee provision in the same appellate brief.
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How do I object to a final judgment? For instance, it includes $15,000/$25,000 regarding attorney’s fees if appealed.
I understand you’re looking to object to a final judgment. Have you already received the final judgment in your case?
No.
Can you provide more details about the grounds on which you’re looking to object to the attorney’s fees mentioned in the final judgment?
The Final Orders contain $15,000 for attorney’s fees if appealed to the Texas Court of Appeals and $25,000 for appealing to the Supreme Court.
Is there anything else the lawyer should know before I connect you?
No.
Hello! Legal Eagle here — I’m an attorney specializing in your area of law, and I’d be happy to help you with this situation.
How old is the final judgment?
It will be this month.
Thank you — and when is your hearing scheduled?
This Friday.
Got it. Is this a family law case or a civil case?
Civil case.
Understood! So you’re mainly wondering how to challenge those attorney’s fee amounts, correct?
Yes, exactly — those amounts.
If the final judgment includes specific conditional attorney’s fees ($15,000 for appeal to the Court of Appeals, $25,000 for the Supreme Court), those amounts are typically “contingent appellate fees.” Judges in Texas often include these as a standard provision, to be awarded only if the opposing party successfully defends the judgment on appeal.
That means they’re not due immediately — they only become enforceable if you lose the appeal.
If you disagree with the inclusion or the amount (for example, if it’s excessive or unsupported by evidence), you have a couple of options:
1. File a Motion to Reconsider or Modify Before the Judgment Is Final
- You can file a Motion to Modify, Correct, or Reform the Judgment before it becomes final within 30 days of signing. (Rule 329b)
- You’d argue that the contingent appellate fees are unreasonable, unsupported by evidence, or improperly included.
- You can also request the court to hold an evidentiary hearing where the other side must prove how those amounts were calculated.
2. Raise It in Your Appeal
- If the court signs the judgment and you proceed with your appeal (for example, to contest dismissed claims), you can include this issue in that same appeal.
- You do not need to file a separate appeal just for the attorney’s fees — you can challenge both the dismissal of your claims and the attorney’s fee provision in the same appellate brief.
Would the appeal be separate from the appeal I plan to file for my dismissed claims?
No, you can include it all in one appeal. Just present it as a separate issue within your appellate brief — for instance, “Issue Two: The trial court erred in awarding conditional appellate attorney’s fees.”
Would I appeal the Judgment or the individual Final Orders that the judgment gets the amounts from?
You’d appeal the Final Judgment.
Any prior orders (even if signed years ago) merge into that final judgment. Only the final judgment is appealable — and you have 30 days from the date it’s signed to file your Notice of Appeal (or 90 days if you file a Motion to Modify or for New Trial).
The orders were signed 7 years ago. The final judgment is this week, so it looks like it’s the final judgment I’ll appeal.
Exactly — you’re on the right track. You can’t appeal those old orders anymore, but since they’re incorporated into the final judgment, this is your opportunity to raise all issues (including the attorney’s fees).
Thank you so much!
