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 (footnote: 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 “prevailing party” in the underlying suit as defined by Texas Rule of Civil Procedure 131 and Allstate Ins. Co. v. Bonner , (footnote: 2) the award of costs against it violated…