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VALLE v. STATE FARM MUT. AUTO. INS. CO.

No. 04-98-00753-CV.

5 S.W.3d 745 (1999)

Martiniano VALLE, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 5, 1999.

Attorney(s) appearing for the Case

Richard J. Karam, Law Offices of Richard J. Karam, San Antonio, for Appellant.

Don E. Weiss, Stevens & Weiss, P.C., San Antonio, for Appellee.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: PAUL W. GREEN, Justice.

Martiniano Valle sued his insurer, State Farm Mutual Automobile Insurance Company, to recover attorney's fees for the collection of State Farm's subrograted interest in an uncontested third-party claim. State Farm obtained summary judgment on the ground that Valle was not entitled to recover attorney's fees under the "common fund" doctrine. Finding no error, we affirm.

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