,_ v - Fifth Court of Appeals

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24.009 to the amount necessary to satisfy the creditor's claim or $112,000.00.
Appellee's own pleadings admit that the amount due and owing under the Note
was $112,000.00. CR. 70. Even with additional interest at 12%, the amount under
the Note could not be anywhere close to $175,000.00.
There is some indication that the "actual damages" award may have
included Appellee's claim for the later incurred attorney's fees (total amount
alleged for attorney's fees is $61,848.47). However, the Judgment also separately
awarded $61,848.47 in attorney's fees under Tex. Bus. & Comm. Code § 24.013.
Therefore, the Judgment award of $175,000.00 in "actual damages" is in direct
contravention to the UFT A and results in a windfall to Appellee, as he has
recovered twice for his alleged attorney's fees, once for "actual damages" under
the UFTA and again under the attorney's fees provision in the UFTA.
ISSUE FIVE
Whether the trial court erred when it awarded $61,848.47 in trial attorney's
fees and $25,000.00 and $15,000.00 in appellate attorney's fees under the
Uniform Fraudulent Transfer Act.
Summary of the Argument
The Judgment awards $61,848.47 in attorney's fees, pursuant to the Tex.
Bus. & Comm. Code § 24.013. CR. 193. The Judgment also awards contingent
attorney's fees of $25,000.00 in the case of an unsuccessful appeal to the Court of
Appeals and $15,000.00 in the case of an unsuccessful appeal to the Texas
Supreme Court. CR. 193.
APPELLANT'S BRIEF
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