Wheat v. American Title Insurance Co.

OPINION

JACK SMITH, Justice.

The sole issue in this appeal is whether the appellant is entitled to prejudgment interest and, if so, what rate of interest is applicable.

The appellant, plaintiff in the court below, brought suit to compel American Title Insurance Co. and Texas Title Guaranty Company, Inc. (“American”), to pay him his “override” commission as provided in the parties’ written agreement. After a bench trial, the judge awarded plaintiff $61,508.43 and attorney’s fees, but no prejudgment interest. The appellant did not file a timely motion for findings of fact and conclusions of law.

The…