SEARS SAV. & PROFIT SHARING FUND v. STUBBS

No. 3-86-097-CV.

734 S.W.2d 76 (1987)

The SAVINGS & PROFIT SHARING FUND OF SEARS EMPLOYEES, Appellant, v. Joy STUBBS, Appellee.

Court of Appeals of Texas, Austin.

June 10, 1987.


Attorney(s) appearing for the Case

Eleanor R. Rotthoff, Daugherty, Kuperman, Golden & Morehead, Austin, for appellant.

Rebecca Fisher, Friedman, Weddington, Hansen & Fisher, Austin, for appellee.

Before POWERS, GAMMAGE and CARROLL, JJ.


CARROLL, Justice.

This appeal involves both the privileges and protections afforded an innocent stakeholder under our interpleader practice, Tex. R.Civ.P.Ann. 43 (Supp.1987), and the award of attorney's fees in a suit for declaratory judgment. We will affirm the trial court's judgment denying appellant relief at interpleader, but will reverse that part of the judgment awarding attorney's fees to appellee under the Declaratory Judgment Act.

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