State Farm Mutual Automobile Insurance Company v. Johnny Smith

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-07-004-CV

STATE FARM MUTUAL AUTOMOBILE APPELLANT

INSURANCE COMPANY

V

JOHNNY SMITH APPELLEE

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FROM THE 153RD DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION[1]

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Appellant State Farm Mutual Automobile Insurance Company appeals from an award of costs to Appellee Johnny Smith. In three issues, State Farm argues that it was the Aprevailing party@ in the underlying suit as defined by Texas Rule of Civil Procedure 131 and Allstate Ins. Co. v. Bonner,[2] the award of costs against it violated the standards of Rule…