HOUSTON — A jury unanimously found that a Harris County property did not sustain covered damages due to Hurricane Harvey in 2018 and that Texas Fair Plan Association did not have to pay fees associated with the damages.
Richard and Lisa Wiginton filed the case against TFPA on June 28, 2018, seeking a jury trial. A trial began on Feb. 23 and the jury reached a verdict on March 1, according to the jury charge filed in Harris County Court.
TFPA then made a motion for entry of the judgment found by the jury on March 14. It is asking for taxable court costs from the Wigintons in the amount of $16,278.70 — $15,963.38 for costs through the Harris County Clerk and $315.32 for filing costs through Pro-Doc E-filing.
TFPA cited in its motion that under state law, the successful party is entitled to taxable court costs and it is seeking those costs against the Wigintons.
"Plaintiffs...filed this case against TFPA on June 28, 2018," the motion states. "The parties demanded a trial by jury and the fee was paid. After due and proper notices to all parties, the case was called to trial, and the trial of this case began on Feb. 23, 2022."
The motion states that the plaintiffs and defendant both appeared by their attorneys of record and the attorneys announced they were ready for trial.
"A jury consisting of 6 qualified jurors was empaneled and the case proceeded to trial," the motion states. "At the close of Plaintiffs' case-in-chief, TFPA moved for Directed Verdict on all claims and causes of action asserted by the Plaintiffs. This motion was denied."
The defendant contends that now that the jury has unanimously reached a verdict and because of that, TFPA requests that the Wigintons take nothing on their claims and TFPA receive its costs for defending the case.
The Wigintons are represented by Eric Dick of Houston.
TFPA is represented by James R. Old Jr. of Hicks Thomas in Beaumont.
Harris County Court at Law No. 1 case number: 1112892