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TEXAS WORKERS' COMPENSATION INS. FUND v. ALCORTA

No. 04-97-00882-CV.

989 S.W.2d 849 (1999)

TEXAS WORKERS' COMPENSATION INSURANCE FUND, Appellant, v. Abel ALCORTA and Linda Alcorta, Appellees.

Court of Appeals of Texas, San Antonio.

March 17, 1999.

Attorney(s) appearing for the Case

Dawn L. Carmody, Carmody & Bonilla, San Antonio, for Appellant.

Brian A. DeVaney, The Kugle Law Firm, San Antonio, Christa Samaniego, Law Offices of Christa Samaniego, San Antonio, for Appellees.

Sitting: ALMA L. LÓPEZ, Justice CATHERINE STONE, Justice SARAH B. DUNCAN, Justice.

OPINION

PER CURIAM.

The instant dispute concerns the propriety of an order apportioning attorney's fees out of a workers' compensation subrogation recovery. For the following reasons, we reverse the trial court's order and remand the cause to the trial court.

FACTUAL AND PROCEDURAL HISTORY

The parties stipulated to the underlying facts. On January 6, 1995, during the course and scope of his employment, Abel Alcorta was injured in an automobile...

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