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,_ v - Fifth Court of Appeals

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not prove actual fraud and there were no findings <strong>of</strong> any underlying corporate<br />

liability. Appellee also failed to prove the required elements <strong>of</strong> fraudulent<br />

transfer. The attorney's fees award was improper, because Appellee failed to<br />

present evidence <strong>of</strong> a lodestar analysis <strong>of</strong> attorney's fees claimed, failed to<br />

segregate attorney's fees, and presented zero evidence <strong>of</strong> anticipated appellate<br />

attorney's fees. Finally, Judgment used the incorrect interest rate under the Texas<br />

Finance Code and also awarded more damages than allowable under the Uniform<br />

Fraudulent Transfer Act.<br />

WHEREFORE, PREMISES CONSIDERED, Appellant requests that this<br />

appeal be set for oral argument and that, upon hearing such argument, Appellant's<br />

point <strong>of</strong> error be sustained, and for such and further relief to which Appellant may<br />

be entitled.<br />

APPELLANT'S BRIEF<br />

35

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