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JOHNSTON v. CALIFORNIA REAL ESTATE INVESTMENT TRUST

No. 90-2268. Summary Calendar.

912 F.2d 788 (1990)

Beatrice Fortner JOHNSTON, Individually and as Next Friend of Dennis Fortner, Plaintiff-Appellee, v. CALIFORNIA REAL ESTATE INVESTMENT TRUST, d/b/a Northridge Apartments, Defendant. Jack Swisher, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

September 21, 1990.

Attorney(s) appearing for the Case

Neal D. Cannon, Jr., Martin & Cannon, Houston, Tex., for intervenor-appellant.

Neal W. Hirschfeld, Stern & Hirschfeld, Houston, Tex., for plaintiff-appellee.

Before GEE, SMITH, and WIENER, Circuit Judges.

PER CURIAM:

This case involves breach of a contingent fee agreement and raises the issue whether Texas substantive law allows an attorney to recover his full contingent fee from funds paid to the court for the benefit of an injured minor child. We are compelled to conclude that Texas law grants attorneys this remedy, and we must therefore vacate the judgment of the district court and remand for proceedings consistent with this opinion.

In November 1984, a...

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