Custom Corporates, Inc. v. Security Storage, Inc.

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 had no jurisdiction to issue the order. Accordingly, we conditionally grant the writ of mandamus.

This question reaches us via two routes in a…