Sanctions motion? Evidentiary hearing.

Originally published by David Coale.

“Appellants did not request an evidentiary hearing on their motion for attorney’s fees even though Denney stated in her response that an evidentiary hearing is required before sanctions may be imposed. Her attorney stated at the hearing that he was prepared to offer testimony in response to appellants’ request for sanctions.  Appellants, however, never offered any evidence at the hearing and never objected to  the lack of an evidentiary hearing on their motion. . . .  On appeal, Dallas Metro and Net Worth’s rely on documents and portions of Denney’s deposition attached to their motion for attorney’s fees as evidence to support their claim. However, the documents and deposition testimony were never admitted into evidence. As a result, the documents were not before the trial court and cannot be considered as evidence on appeal.” Net Worth Realty USA v. Denney, No. 05-18-00336-CV (March 6, 2019) (mem. op.) (citations omitted, emphasis added).

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