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TEXAS FARMERS INS. CO. v. SEALS

No. 2-96-126-CV.

948 S.W.2d 532 (1997)

TEXAS FARMERS INSURANCE COMPANY, Appellant, v. Carla SEALS, Appellee.

Court of Appeals of Texas, Fort Worth.

July 3, 1997.

Attorney(s) appearing for the Case

Vince Cruz, Jr., Cruz & Malanga, L.L.P., Fort Worth, for Appellant.

Adam R. Hardison, Law Offices of Adam R. Hardison, Arlington, for Appellee.

Before CAYCE, C.J., and DAY and BRIGHAM, JJ.

OPINION

BRIGHAM, Justice.

This is an appeal from a summary judgment against appellant Texas Farmers Insurance Company (TFIC) awarding attorney's fees to appellee/cross-appellant Carla Seals in an amount equal to one-third of TFIC's subrogation interest in Seals's recovery against a third party on a personal injury claim. The issue we must decide is whether Seals is entitled to recover the attorney's fees from TFIC under the "common fund" doctrine. We hold...

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