First National Bank of McAllen v. Brown

OPINION ON MOTION FOR REHEARING

UTTER, Justice.

On motion for rehearing, appellant contends that the trial court’s judgment should be set aside because it exceeds the County Court’s jurisdictional amount. We disagree. Plaintiff-appellee, in his pleadings, sought a specific amount of actual damages well within the County Court’s jurisdictional limit and “(a)n award of exemplary damages against Defendant in a sum determined by the trier of fact.” Appellant did not file any special exceptions or a plea to the jurisdiction to ascertain the amount of exemplary damages sought by appellee. After…