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FIDELITY MUT. LIFE INS. CO. v. KAMINSKY

No. 6-91-089-CV.

820 S.W.2d 878 (1991)

The FIDELITY MUTUAL LIFE INSURANCE COMPANY, Appellant, v. ROBERT P. KAMINSKY, M.D., P.A., Appellee.

Court of Appeals of Texas, Texarkana.

Rehearing Overruled January 7, 1992.

Attorney(s) appearing for the Case

Jeffrey D. Burbach, Stibbs, Burbach, Beridon, The Woodlands, for appellant.

Michael A. Maness, Houston, for appellee.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

GRANT, Justice.

The Fidelity Mutual Life Insurance Company appeals from a summary judgment granted in favor of Dr. Robert Kaminsky. Kaminsky brought this action to recover attorney's fees incurred in a prior suit against Fidelity. He was granted a summary judgment in the amount of $5,800.

On appeal, Fidelity contends that Kaminsky's claim for attorney's fees is barred by waiver, res judicata, and Rule 97 of the Texas Rules of Civil...

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