Texas Civil Practice and Remedies Code 27.009 – Damages and Costs
Current as of: 2024 | Check for updates
|
Other versions
(a) Except as provided by Subsection (c), if the court orders dismissal of a legal action under this chapter, the court:
(1) shall award to the moving party court costs and reasonable attorney’s fees incurred in defending against the legal action; and
(2) may award to the moving party sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions described in this chapter.
(b) If the court finds that a motion to dismiss filed under this chapter is frivolous or solely intended to delay, the court may award court costs and reasonable attorney’s fees to the responding party.
Terms Used In Texas Civil Practice and Remedies Code 27.009
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
(c) If the court orders dismissal of a compulsory counterclaim under this chapter, the court may award to the moving party reasonable attorney’s fees incurred in defending against the counterclaim if the court finds that the counterclaim is frivolous or solely intended for delay.