LAWYERS SURETY CORP. v. HALL

No. B2193.

590 S.W.2d 762 (1979)

LAWYERS SURETY CORPORATION et al., Appellant, v. J. Richard HALL, Successor Representative, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 21, 1979.


Attorney(s) appearing for the Case

Don Karotkin, Funderburk & Funderburk, Houston, for appellant.

J. Richard Hall, Houston, for appellee.

Before COULSON, JUNELL and SALAZAR, JJ.


COULSON, Justice.

This is an appeal from an order of the probate court surcharging Lawyers Surety Corporation (Lawyers), the surety on the bond of the original guardian, for fees and expenses incurred in connection with the assumption of duties by the successor guardian, J. Richard Hall (Hall). The issue is whether Tex.Rev.Civ.Stat.Ann. art. 5528 applies. We hold that it does. Thus, we reverse the trial court's decision and render judgment that Hall take nothing....

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