Meece v. Moerbe

CAMPBELL, Justice.

This is an appeal of a bill of review proceeding. The only question is whether article 5069-1.06(2) 1 authorizes an award of attorneys’ fees to the bill of review defendant, Frank Meece. We hold Meece is entitled to his attorneys’ fees.

Bob Moerbe, d/b/a Bob’s Air Conditioning, originally filed suit against Meece alleging an unpaid balance on charges for repairing an air conditioning system. Meece counterclaimed alleging the U/2% per month interest charge for late payment assessed by Moerbe was usurious. The jury found for Moerbe on all issues. However, the trial court held…