Anderson Courier Service v. State of Texas
In Anderson Courier Service v. State of Texas, 104 S.W.3d 121 (Tex. App.--Austin, March 6, 2003), the Court considered the constitutionality of a statute prohibiting the use of accident reports generated by the Texas Department of Public Safety or other governmental agencies for pecuniary gain. Id. at 123.
Businesses that were engaged in collecting and selling accident reports, reviewing accident reports, or using those reports for solicitation purposes (whom we will collectively refer to as "Anderson Courier") brought suit under the declaratory judgment act seeking a declaration that the statute is unconstitutional, an injunction restraining enforcement of the statute, and attorneys' fees. Id. at 122-23.
The district court found in favor of the State, upheld the constitutionality of the statute, and denied Anderson Courier's request for attorneys' fees. Id. at 123.
Anderson Courier appealed to this Court contending that the district court erred by upholding the statute and by denying the requested temporary injunction; they sought a remand to the district court for further proceedings.
Anderson Courier did not raise the denial of their request for attorneys' fees as an issue on appeal.
This Court agreed with Anderson Courier that the statute unconstitutionally regulated commercial speech; we reversed the district court's judgment and rendered judgment. Id. at 126.
Our mandate specifically reversed and rendered judgment and further ordered that "appellees pay all costs relating to this appeal, both in this Court and the court below."
An attached bill of costs itemized the fees paid to the clerk's office and the cost of the reporter's and clerk's records.