Freedom Newspapers of Texas v. Conrado M. Cantu ( 2003 )

NUMBER 13-02-544-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

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FREEDOM NEWSPAPERS OF TEXAS, ET AL., Appellants, v.

CONRADO M. CANTU, Appellee.

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On appeal from the 138th District Court of Cameron County, Texas.

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O P I N I O N O N R E H E A R I N G

Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

Opinion by Chief Justice Valdez

By a motion for rehearing filed after our original opinion was issued, appellee contends that section 51.015 of the Texas Civil Practice and Remedies Code requires appellants to pay appellee's costs and attorney's fees. We agree.

Section 51.015 of the civil practice and remedies code provides that:

In the case of an appeal brought pursuant to Section 51.014(6), if the order appealed from is affirmed, the court of appeals shall order the appellant to pay all costs and reasonable attorney fees of the appeal; otherwise, each party shall be liable for and taxed its own costs of the appeal.

Tex. Civ. Prac. & Rem. Code Ann. § 51.015 (Vernon 1997). The terms of this statute are mandatory. See New Times, Inc. v. Isaacks, 91 S.W.3d 844, 864 (Tex. App.-Fort Worth 2002, pet. granted); Gaylord Broad.Co. v. Francis, 7 S.W.3d 279, 286 (Tex. App.-Dallas 1999, pet. denied); KTRT Television, Inc. v. Fowkes, 981 S.W.2d 779, 785 (Tex. App.-Houston [1st Dist.] 1998, pet. denied).

The instant appeal was brought pursuant to section 51.014(6) of the civil practice and remedies code and this Court has affirmed the order subject to appeal. Accordingly, we grant appellee's motion for rehearing and order appellants to pay all costs and reasonable attorney's fees for the appeal. New Times, Inc., 91 S.W.3d at 864; Gaylord Broad. Co., 7 S.W.3d at 286. We remand this matter to the trial court for a determination of the costs and reasonable attorney's fees for this appeal.  

Rogelio Valdez,

Chief Justice

Opinion delivered and filed

this 18th day of December, 2003.