I have a forfeiture hearing tomorrow in which Defendant has asked for attorneys fees, interest and actual damages, due to the "unconscionable acts of the State." I'm looking now, but was wondering if any of you knew off of the tops of your heads if there is any basis for the award of attorneys fees or any other damages, other than the return of property, IF the judge finds that the property is not contraband?
Not exactly on point, but see State v. Southwind Auto Sales, 951 S.W.2d 849 (Tex. App--San Antonio 1997, no pet.)(auto dealer was innocent owner entitled to possesion of vehicle, but State not required to compensate dealer for damage to vehicle sustained during lawful seizure of vehicle or during retention of vehicle pending judicial determination of ownership).
The Civil Practice and Remedies Code (can't remember section) has a list of enumerated causes of action for which attorney fees are recoverable by the prevailing party. I'd rely on that, and take the position that if it's not on the list you can't get it.
Thanks for your help!!!!!!!!!
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