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Parker v. State Farm Mutual Automobile Insurance Co.9/23/1999
of State Farm. Cf. Bradt v. West, 892 S.W.2d 56, 79 (Tex. App.-Houston [1st Dist.] 1994, writ denied) ("No litigant has the right to put a party to needless burden and expense or to waste a court's time that would otherwise be spent on the sacred task of adjudicating the valid disputes of Texas citizens."). We find that Peniche has not brought this appeal in good faith.
Damages
We are authorized by Rule 45 to grant State Farm just damages. Tex. R. App. P. 45. State Farm did not request a specific amount of damages for responding to this frivolous appeal. However, Peniche's statements on attorney's fees suggests an answer. In his summary judgment affidavit, he states:
After explaining to [Parker] his options and obligations with regard to his medical bills, I agreed to cut my fee to 25%, rather than my taking the time to try to talk to the 10 different care providers who I believe must have previously given Ms. Nacol a difficult time in making the $10,000 offer work out.
In his original brief, Peniche states that Parker has hired him at $175 per hour to represent him in this suit. We find that $2,500, or the fee Peniche agreed to take in the negotiated settlement underlying this frivolous appeal, is a just and reasonable amount of damages.
We sustain State Farm's cross-point and order Carlos A. Peniche to pay State Farm $2,500 in damages.
We affirm the judgment of the trial court.
Lee Duggan, Jr. Justice
Publish. Tex. R. App. P. 47.
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