After jury verdict in landlord-tenant dispute, judge to issue final judgment after reviewing post-trial motions

On May 27 the Travis County 201st District Court heard competing post-verdict motions in Bradford A. Clements v. Anne Laurie Kagnar Singh and Harbir Singh and told the parties it would issue a final judgment within the week after reviewing the record and the arguments.

Plaintiff Bradford A. Clements, appearing pro se, moved to disregard certain jury findings (notably question 2 on bad faith and question 11 on attorney's fees) and to enter a proposed judgment that trebled certain statutory damages under the Texas Property Code. Defense counsel Anthony Icenogle argued the jury's findings should stand and that the court should either deny excessive attorney-fee requests or, alternatively, award costs against Clements.

Clements told the court the jury had found in his favor on multiple claims and that the defendants had issued a conditional check he characterized as an accord-and-satisfaction attempt rather than an unconditional refund of the security deposit. Clements asked the court to treat the defendants' partial conditional payment as bad faith under Lost Creek Ventures and related authority and to disregard the jury's negative finding on bad faith. He also contested the defense's argument that only $1,281.95 in recoverable actual damages existed and reiterated that he had received no portion of the disputed deposit as of the hearing date.

Defense counsel responded that the state-law standard for overturning a jury finding requires the court to find insufficient evidence to support the jury verdict and that precedent cited by Clements does not squarely apply. Defense counsel also cited the Texas Supreme Court's analysis in Smith v. Patrick W. Tam Trust (as discussed in counsel's filings) to argue that awarded fees must be reasonable in light of the recovery and the results obtained. Counsel argued the litigation was overlitigated and that the court should consider assessing costs under Rule 131/Rule 141 principles and the Texas Supreme Court's Rogers decision (as counsel framed it) if warranted.

Judge Amy Clark Meacham recorded the jury's answers at the hearing: the jury awarded Clements $7,879.84 in one item and $596.77 for rent in another, and it found $3,500 in reasonable and necessary attorney's fees for Clements. The judge noted the parties' competing proposed judgments and told counsel she would resolve the contested post-verdict motions and any cost allocation after reviewing the record. She advised Clements that if he sought taxed costs she needed an itemized bill of costs from the district clerk to perform the calculation and reminded counsel both sides had proposed different judgment language on taxable costs.

Ending: The judge took the motions under advisement, instructed the parties on evidentiary and filing steps for any taxation of costs, and said she would issue a final judgment in the case within the week.