CUSTOM CORPORATES v. SECURITY STORAGE, INC.

Nos. 14-05-01174-CV, 14-06-00202-CV.

207 S.W.3d 835 (2006)

CUSTOM CORPORATES, INC. and Theresa Woods, Appellants, v. SECURITY STORAGE, INC., Appellee. In re Gale Kiker and Debbie Richardson, Relators.

Court of Appeals of Texas, Houston (14th Dist.).

October 26, 2006.


Attorney(s) appearing for the Case

George A. Kurisky, Mark A. Bankson, Houston, for appellants.

Jimmy Phillip, Jr., John C. Juravich, John E. Maher, Maxwell M. Kessler, Riecke Baumann, Houston, for appellee. for Security Storage, Inc.

Panel consists of Chief Justice HEDGES and Justices YATES and GUZMAN.


OPINION

ADELE HEDGES, Chief Justice.

In this case we consider whether a trial court may, after judgment has been rendered and the court's plenary power has lapsed, assess the expenses and attorneys' fees of a non-party as "costs" against parties to the lawsuit. We hold that it cannot. Because the trial court's assessment of costs was inconsistent with the original judgment and imposed obligations not contemplated by the original judgment, the trial court...

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